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JiUajtual  of  53aruainentarp  iiracilcfc 

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RULES 


PEOCEEDING  AND  DEBATF 


DELIBERATIVE  ASSEMBLIES. 


BY  LUTHER  S.  GUSHING. 


BOSTON: 

TlIO^rPSON,    BROWN,    &    CO. 

1875. 


Entered  according  to  Act  of  Congress  in  the  year  1844,  by 

LUTHER  S.   CUSIIIXG, 

In  the  Clerk's  Oflicc  of  the  District  Court  of  the  District  of  :Massa- 

chusetts. 

Entered  according  to  Act  of  Congress  in  tlie  yenr  1872,  hy 

MARY  0.  PORTER,  ELIZABETH  S.  GREEN, 

and  FRANCES  W.  CUSIIING, 

In  the  Office  of  the  Librarian  of  Congress  at  Wasliington. 


Press  of  Rano,  Avert,  «fc  Co.,  BoSTOir. 


ADVERTISE^IENT  TO  TIIE  SEVENTH  EDITION. 


RiNOB  the  publication  of  the  first  edition  of  this  work.  In  Febraaij 
ISi5,  the  author  has  endeavored,  both  bj  a  cart^ful  revisjon  of  it  him 
lelf,  and  by  inquiries  of  others  interested  in  the  subject,  to  ascertait 
whether  any  alteration  or  addition  was  desirable,  in  order  to  renlsr 
tie  work  more  u-^eful  for  the  purpose*  for  which  it  was  designed. 

Certain  alterations  and  additions  hare  thus  been  suggested,  which 
thoagb  not  numerous  or  very  importitnt,  the  author  yet  deems  it  hit 
duty  to  make  ;  act,  for  that  purpose,  to  avail  himself  of  the  publica- 
tion of  the  present  edition. 

The  work  bsln^  ste.eotyped.  the  new  matter  baa  not  been  Inoor- 
porated  with  the  original  text,  whicli  would  have  rendered  it  necessary 
to  recast  the  plates,  but  has  been  thrown  into  the  form  of  not*«8,  and 
plaoed  at  the  end  It  is  hoped  that  'hese  not»-8  will  add  to  the  valu* 
and  utility  of  the  work  ;  though  it  is  not  the  intention  of  the  publisher 
that  they  shall  enhanf*  it^  co.st. 

In  the  adverrisenient  to  the  first  edirion  of  this  work,  the  author 
announced  that  he  was  preparing  a  larger  and  more  comprehensive 
work  on  parliamentary  law  and  practice,  which  it  was  hLs  intention  to 
complete  and  publish  as  soon  a^  possible.  Inquiry  having  been  fre- 
qaently  made,  as  to  the  time  when  the  larger  work  would  probably  be 
published,  the  author  takes  this  opportunity  to  say,  that  the  little  let 
ffore  which  be  has  had  at  command,  since  the  announcement  alluded 
to,  though  diligently  employed,  has  not  as  yet  enabled  him  to  finish 
that  work.  He  is  happy,  however,  to  add,  that  nearly  all  the  mate- 
rials for  It  have  been  gathered  together,  and  that  the  work  itself  \s  in 
a  state  of  great  forwardness,  and  will  be  completed  and  published, 
probably,  in  the  course  of  the  next  year.  To  those  who  may  find  h 
difiioull  to  conceive  how  so  much  time  and  labor  can  be  rei^uired  fot 
the  preparation  of  the  work  In  qnestion,  it  may  not  be  improper  U 
lay  that,  if  completed  on  the  plan  which  the  author  haa  adopted,  l 
wili  form  an  octavo  volome  3f  not  lesa,  perhaps  more,  than  five  hnn 
liad  pagee. 

Bo»roif,  NovmcBiE  1,  W47.  L-  S.  C 


ADVERTISEMENT  TO  THE  FIRST  EDITION 


The  following  treatise  forms  a  part  only  of  a  mach  larger  and  moi* 
comprehensive  work,  coTering  the  whole  ground  of  parliamentaiy  la« 
and  practice,  which  the  author  ha*!  for  some  time  been  engaged  In  pre- 
paring ;  and  which  it  his  intention  to  complete  and  publish  aa  soon  ai 
pooaible.  In  the  meantime,  this  little  work  has  been  compiled,  chietij 
from  the  larger,  at  the  request  of  the  publishers,  and  to  supply  a  wsint, 
which  was  supposed  to  exist  to  a  considerable  extent. 

The  treatise  now  presented  to  the  public,  i*  intended  an  a  Manitai 
/or  Iteliberative  Assemblies  of  every  description,  but  more  especially 
Ibr  tliose  which  are  not  legislative  in  their  character ;  though,  with 
the  exception  of  the  principal  points,  in  which  legislative  bodies  diffei 
from  others,  namely,  the  several  different  stages  or  readings  of  a  bill, 
»nd  conferences  and  amendments  between  the  two  branches,  this  worM 
will  be  found  equally  useful  in  legislative  assemblies  as  in  others. 

The  only  work  which  has  hitherto  been  in  general  use  in  this  coun 
try,  relating  to  the  proceedings  of  legislative  assemblies,  is  the  com- 
pilation originally  prepared  by  Mr.  Jefferson,  when  Vice-President  of 
the  United  States,  for  the  use  of  the  body  over  which  he  presided,  and 
which  is  familiarly  known  as  Jejfers(m''s  Manual.  This  work,  having 
been  extensively  used  in  our  legislative  bodies,  and,  in  some  States, 
expressly  sanctioned  by  law,  may  be  said  to  form ,  as  it  were,  the  basis 
of  the  common  parliamentary  law  oi  tliis  country.  Regarding  k  Id 
that  light,  the  author  of  the  following  treatise  has  considered  the  prin- 
ciples and  rules  laid  down  by  Mr.  Jefferson  (and  which  have  l>eea 
adopted  by  him  chiefly  from  the  elaborate  work  of  Mr.  Ilatsell)  bs  the 
established  rule.«  on  this  subject,  and  has  accordingly  made  them  the 
basis  of  the  present  compilation,  with  an  occasional  remark,  in  a  note, 
by  way  of  explanation  or  suggestion,  whenever  he  deemed  It  neces- 
•»ry. 

Members  cf  legislative  bodies,  who  may  have  occasion  to  make  u« 
of  this  work,  will  do  well  to  bear  in  mind,  that  it  contains  only  wha( 
day  be  called  the  common  parliamentary  law ;  which,  in  every  legl» 
btttre  assembly,  is  more  or  less  modified  or  controlled  by  ipeciai  mlM 

L.  a  a 

BOSTCH.  NOVSMBSB  1,  1841,  ^ 


TABLE     JF    CONTENTS. 


INTRODL'CTION, 1  tol7 

CHAPTER  1.  — Of  certain  Prelimiwahy  Matters,-   16  to  a 

Sect.  I.        Quorum, 17  to  19 

.Sect.  I[.       Rules  and  Orders, 20  to  23 

Sect.  111.     'I'lme  of  Meetiiig, 2:3 

Sect.  IV.     Principle  of  Decision, 24,25 

rilAPTER  II.  — Of  the  Officers, 20  to  35 

Sect.  I.      The  Presiding  OrTicer, 27  to  .3C 

Sect.  II.     The  Recordius  Officer, 31lo  35 

CHAPTER   III.  —  Of    the    Rights    and    Dttties    of 

Members, 36  to  42 

CHAPTER  IV.  —  Of  the  Introduction  of  Business,-  -43  to  58 

CHAPTER  v.  — Of  Motions  in  General, 59  to  61 

CHAPTER  VI. —  Of  Motions  to  Suppress, 62  to  (.7 

Sect.  1.      Previous  Question, ft3  to  68 

Sect.  II.     Indefinite  Postponennent, 67 

CMAPTER  VIT.  —  Of  Motions  to  Postponk, 63  to  79 

f'lAPTER  VITI  —  Of  Motions  to  Co.mmit, 73  to  77 

f  MAPTER  IX.—  Of  Motions  to  Ambnd, 78  to  .33 

Sf.ct.  I.  Division  of  a  Question, 79  to    83 

Sect.  II.        Filling  Blanks, 84  to    87 

Sect.  III.      Addition— Separation  —  Transposition,  88  to   91 

Sect    IV.       .Mudifiration,  &c.  by  the  Mover, 92   93 

Sect.  V.        General  Rules  relating  to  Amendments,   94  to  102 

Sect.  VI.      Amendments,  by  striking  out, 103  to  ITJ 

Se:;t.  VII.    Amendments,  by  inserting, 113  to  121 

Sbct.  VIII    Amendments,  by  striking  out  and    n- 

serting, 122  to  127 

tiscx.  IX.      Amendments,  changmg  the  nature  of  a 

qy  istion, 128  to  133 


TABLE    OF    CONTENTS. 


CHAPTER  X.  — Of  the  Order  and  SuccKssIo^  of 

Ik  SIXERS, 134  to  187 

Sect     I.       Priviips,'t>i1  Questioin, 13<i  to  149 

Aifjournment, 137  to  140 

QiustioHs  of  PriviUgc, 141 

O/ders  of  tne  Day, 1  l-J  to  US 

fiscT.  IJ      Incidental  Questions, 150  to  KiS 

Qut-stioii}'  of  Ordtr, l.jl  to  151 

Rfii'/ini;  of  Paper f, 1;>.3  to  ]i)0 

Withdrawal  of  a  Motion, Kil  to  l(j!i 

Sus/'fiision  of  a  RuIp, 1()'>  lo  JG4 

A»tendinent  of  Avtendments, 1(»5 

«cr.  111.    Subsidiary  Questions, 1(>6  to  I?7 

Lie  on  the  Table, 171  lo  :73 

Previous  Question, 174  to  175 

Postponeynent, 17U  to  ISO 

Cominnnieiit, l^■l  to  ls3 

Anundment, 184  lo  lo7 

OhAi^lFR  XI.  —  Of  the  Order  of   Proceeding,  -ISS  to  200 

^'HAPTKR   Xll.  — Of  Order  IX    Debate, '201  to  232 

pJit^T.  [.       As  lo  the  AlHiiner  of  Speaking, 203  to  208 

Sect.  II       As  to  the  Matter  in  Speakinj,', 2(K)  l<>  214 

StCT.  ill.    As  to  Tunes  of  Speaking, 215  to  219 

Skct.  IV.    As  to  siuppini;  Debate, 220  to  2->2 

Sect.  V.     As  to  De<'oruin  in  Debate, 22.J  to  22f» 

Sect.  VI.    As  lo  Disorderly  Words, 227  to  2i;2 

I  H.\rri;R   XIII.  — of  the  Qlestiox, 233lo219 

OllAPTHR  XIV— Of  Recoxsidbration, 250  lo  257 

CilAPrCR  XV.      Of  Committees, 258to3ll 

Sect.  I.       Their  Nature  and  Funclions, 25S)  ».  202 

Sect.  11.     Their  Appointmeni, 203  o  272 

Skct.   111.    Tlieir  Ori^'anization,  &c. 273  to  265 

SKcr    IV.    Their  Report, 2>-6  K.  2f>6 

Sect.   V.     Committee  of  ihe  Whole, 297  to  311 

CONCLUDING  REMARKS. 312  to  315 

ADDITIONS  A>iD  00RUKCTI0N9, 318  to  340 


PARLIAMENTARY  PRACTICE. 


INTRODUCTION. 

1.  The  purposes,  whatever  they  may  be,  foi 
Jihich  a  deliberative  assembly  of  any  kind  ia 
constituted,  can  only  be  effected  by  ascertain- 
ing the  sense  or  will  of  the  assembly,  in  refer- 
ence to  the  several  subjects  submittca  to  it, 
and  by  embodying  that  sense  or  wiil  in  an 
inteUigible,  authentic,  and  authoritative  form. 
To  do  this,  it  is  necessary,  in  the  fii'st  place, 
tliat  the  assembly  should  be  properly  consti- 
tuted and  organized ;  and,  secondly,  that  it 
should  conduct  its  proceedings  according  to 
certain  rules,  and  agreeably  to  certain  lonns, 
»vhich  experience  has  shown  to  be  the  besl 
idapted  to  the  purpose. 

2    Some  aeli])erative  assembhe.-.,  especially 
■lose  wln«?-i.  consist  of  pennanentl'  estabu«Ued 


g  PARLIAMENTARY     PRACTICK 

Dod^es,  sacli  as  iiiuQiGi})al  and  other  corpora 
tions,  are  usually  constituted  and  organized 
at  least,  in  })art,  in  virtue  of  certain  legal  |»io- 
visions ;  while  others,  of  an  occasional  oi 
temporary  character,  such  as  conventions  and 
political  meetings,  constitute  and  crganiic 
llicmselves  on  their  assembling  together  fo3 
the  pur[»oses  of  their  appomtment. 

3.  The  most  usual  and  convenient  mode 
i)f  organizing  a  deliberative  assembly  i  the 
following.  —  The  members  being  assembled 
together,  in  the  {»lace,  ana  at  the  lime,  ap- 
pointed for  their  meeting,  one  of  them,  ad- 
dressing himself  to  the  others,  requests  them 
to  come  to  order;  the  members  thereupon 
seating  themselves,  and  giving  their  attention 
to  him,  he  suggests  the  proj)riety  and  necessity 
of  their  ])eing  organized,  before  proceeding  to 
business,  and  requests  the  members  to  nomi- 
nate some  person  to  act  as  chairman  of  the 
meeting;  a  name  or  names  being  thereu|)on 
mentioned,  he  declares  that  such  a  person 
(whose  name  was  first  heard  by  him)  is 
nominated  for  chairman,  and  puts  a  question 
ilia  I  the  person  so  named  be  requested  to  take 
ihe  chair  If  this  question  should  be  decided 
r.  tlie  I  egative,  another  nom.ntition  is  tnen  to 


JRGANIZATION  9 

be  called  fo  ,  and  a  question  j)iit  upon  the  name 
mentioned  (being  that  of  some  other  person) 
as  before,  and  so  on  until  a  choice  is  efTected 
Wlieii  a  chairman  is  elected,  he  takes  the 
chair,  and  proceeds  in  the  same  manner  tc 
complete  the  organization  of  the  assembly, 
by  the  choice  of  a  secretary  and  such  othei 
officers,  if  any,  as  may  be  deemed  necessary. 

4.  An  organization,  thus  effected,  may  be, 
and  frequently  is,  sufficient  for  all  the  piu"poses 
of  the  meeting;  but  if,  for  any  reason,  it  is 
desired  to  have  a  greater  number  of  officers, 
or  to  have  tliem  selected  with  more  delibera- 
tion, it  is  the  practice  to  organize  temporarily, 
m  the  manner  above  mentioned,  and  then  to 
/efer  the  subject  of  a  permanent  organization, 
and  the  selection  of  persons  to  be  nominated 
for  the  several  offices,  to  a  committee ;  upon 
whose  report,  the  meeting  })roceeds  to  organize 
itself,  confomiably  thereto,  or  in  such  othei 
Tiann«r  as  it  thinks  proper. 

5.  The  presiding  officer  is  usually  denomi 
aated  the  president,  and  the  recording  oflicer 
the  -ecretary ;  though,  sometimes  these  officers 
are  designated,  respectively,  as  the  chairman 
^^0  clerk.  It  is  not  unusual,  besides  a  presi 
i*ir  'h  to  have  one  or  more  vice-presidents ;  wliP 


lU  PAllMAMENTARl     PRACTICE. 

^ake  tiie  chair,  occasionally,  in  the  absence  ol 
he  president  from  the  assembly,  or  when  he 
withdraws  from  the  chair  to  take  part  in  the 
proceedings  as  a  member;  but  who,  at  othci 
times,  though  occupying  seats  with  the  presi- 
dent, act  merely  as  members.  It  is  fiequently 
the  case,  also,  that  several  persons  are  ap- 
pointed secretaries,  iv  which  case,  the  fh'st 
named  is  considered  as  the  i)rincipal  oflicer.  All 
the  officers  are,  ordinarily,  members  of  the 
assembly^;  and,  as  such,  entitled  to  participate 
m  ihe  proceedings;  except  that  the  presiding 
officer  does  not  usually  engage  in  the  debate, 
and  votes  only  when  the  assembly  is  e(pially 
divided 

G.  In  ull  deU])erative  assemblies,  the  mem- 
bers of  which  are  chosen  or  a])pointed  tc 
rej)ref^ent  others,  it  is  necessary,  before  pro- 
ceeding to  business,  to  ascertain  who  are  duly 
elected  and  returned  as  members ;  in  order 
not  only  that  no  person  may  be  admitted  to 
partici])ate  in  the  proceedings  who  is  not 
regularly  authorized  to  do  so,  but  also  that  a 


«  In  legislative  bodies,  the  clerk  is  seldom  or  never  a  merater; 
•  nd,  in  some,  the  presiding  officer  is  not  a  member ;  as,  Jor  example 
M  the  Senate  of  the  United  S^^tes,  the  Senate  of  New  York,  an 
•*»om»  other  slate  senates. 


ILfiTUUMS    AND     ELECTlONb  *J 

list  of  the  members  may  be  made  for  llie  use 
cf  the  assembly  and  its  officers. 

7.  The  proper  time  for  this  investigation  is 
ifter  the  temporary  and  before  the  permanent 
organization;  or,  when  the  assembly  is  perma- 
nently organized,  in  tlie  first  instance,  ])eforc 
it  proceeds  to  the  transaction  of  any  othei 
biisiness;  and  the  most  convenient  mode  of 
conducthig  it  is  by  the  appointment  of  a  com- 
mittee, to  receive  and  report  upon  the  creden- 
tials of  the  members.  The  same  committee 
may  also  be  charged  with  the  investigation  of 
rival  claims,  where  any  such  are  presented. 

8.  AMren  a  question  arises,  involving  the 
nght  of  a  member  to  his  seat,  such  member  is 
entitled  to  be  heard  on  the  question,  and  he  is 
tnen  to  withdraw  from  the  assembly  until  it  ia 
decided ;  but  if,  by  the  indidgence  of  the  as 
sembly,  he  remains  in  his  place,  during  the 
discussion,  he  ought  neither  to  take  any  further 
part  in  it,  nor  to  vote  when  the  question  i^ 
proposed;  it  being  a  fundamental  rule  of  aJ; 
deliberative  assemblies,  that  those  members 
whose  rights  as  such  are  not  yet  set  aside, 
2onsti*:ute  a  judicial  tribunal  to  decide  \.i\)Gn 
file  cases  of  those  whose  rights  of  memljcrsliip 
ire  called  in  question.     Care  should  always 


12  PARLIAMENTARY    PRACTICE. 

oe  taken,  therefore,  in  the  selection  of  tha 
ofl5cers,  and  in  the  aj)j)ointmentof  committees, 
to  name  only  those  persons  whose  rights  as 
members  are  not  o])jecled  to. 

9.  The  place^  where  an  assembly  is  held 
being  in  its  possession,  and  rightful]  y  appro- 
priated to  ils  use,  no  person  is  entitled  to  bo 
present  tl\«^rcin,  but  by  the  consent  of  the 
assembly ;  and,  consequently,  if  any  person 
refuse  to  withdraw,  when  ordered  to  do  so,  or 
conduct  himself  in  a  disorderly  or  improper 
manner,  the  assembly  may  unquestionably 
employ  suliicient  force  to  remove  such  person 
from  the  meeting. 

10.  Every  deliberative  assembly,  by  the 
mere  fact  of  its  being  assemljled  and  consti- 
tuted, does  thereby  necessarily  adopt  and 
become  sid)ject  to  those  rules  and  forms  of 
proceeding,  without  which  it  would  be  impos 
sible  for  it  to  acconqilish  the  purposes  of  its 
creation.  It  is  perfectly  competent,  however, 
Oar  every  such  body  —  and  where  the  business 
IS  of  considerable  interest  and  im})ortance,  oi 
jkely  to  require  some  time  for  ils  accomplish- 
ment, it  is  not  unusual  —  to  adopt  also  certain 
special  rules  foi  the  regulation  of  its  proceed 
•ngs.      \^liere  +his   is    the    case,   these    latter 


RULES    OF    PROCEEDING.  12 

8ii])ersede  the  ordinar}''  parliamentary  mles  in 
reference  to  all  points  to  which  they  relate ;  oi 
add  to  them  in  those  particulars  in  reference 
to  which  there  is  no-  parliamentai-y  rule; 
leaving  what  may  be  called  the  common 
parliamentary  law  in  fuU  force  in  aU  othei 
respects. 

11.  The  rules  of  parhamentary  proceedings 
in  this  country  are  derived  from,  and  essentially 
the  same  with,  those  of  the  British  parliament , 
though,  in  order  to  adapt  these  niles  to  the 
circumstances  and  wants  of  our  legislative 
assemblies,  they  have,  in  some  few  respects, 
been  changed,  —  in  others,  differently  applied, 
—  and  in  others,  again,  extended  beyond  theii 
original  intention.  To  these  rules,  each  legis- 
lative assembly  is  accustomed  to  add  a  code 
of  its  own,  by  which,  in  conjunction  with  tne 
former,  its  proceedings  are  regulated.  The 
rules,  thus  adopted  by  the  several  legislative 
assemblies,  having  been  renewed  in  successive 
legislatures,  —  with  such  extensions,  modifica 
tions  and  additions  as  have  been,  from  time  *x 
time,  thought  necessary,  —  the  result  is,  that  t 
system  of  parliamentary  rules  has  been  estab 
lished  m  each  state,  different  in  some  particu- 
lars  from  '^hose  of  every  other  state,  but  yet 


14  PARLIAMENTARY    PRACTICE. 

founded  in   and   embracing  all  the   essential 
niles  of  the  common  parliamentary  law. 

12.  The  rules  of  proceeding,  in  each  state 
being  of  course  best  known  by  the  citizens 
of  that  state,  it  has  sometimes  happened  in 
deliberative  assemblies,  that  the  proceedings 
have  ])een  conducted  not  merely  according  tc 
the  general  parliamentary  law,  but  also  in 
conformity  with  the  peculiar  system  of  the 
Slate  in  which  the  assembly  was  sitting,  oi 
of  whose  citizens  it  was  composed.  This, 
however,  is  erroneous ;  as  no  occasional  as- 
sembly can  ever  be  subject  to  any  other  rules, 
than  those  which  are  of  general  application, 
or  which  it  specially  adopts  for  its  own  gov- 
ernment ;  and  the  rules  adopted  and  practised 
upon  by  a  legislative  assembly  do  not  thereby 
acquire  the  character  of  general  laws. 

13.  The  judgment,  opinion,  sense,  or  \vill  of 
a  deliberative  assembly  is  expressed,  accord- 
ing to  the  nature  of  the  subject,  either  by  a 
rcsohition,  order,  or  vote.  When  it  commands, 
it  is  by  an  order ;  but  facts,  principles,  its  own 
opinions,  or  purposes,  are  most  properly  ex- 
pressed in  the  form  of  a  resolution ;  the  term 
i>ote  may  be  applied  to  the  result  of  every 
question  decided  by  the  assembly      In  what 


MAKING    OF    PROPOSITIONS.  16 

ever  form,  however,  a  question  is  proposed,  oi 
I  y  whatever  name  it  may  be  called,  the  mode 
of  proceeding  is  the  same. 

14.  The  judgment  or  will  of  any  number  oi 
persons,  considered  as  an  aggregate  body,  ia 
that  which  is  evidenced  by  the  consent  oi 
agreement  of  the  greater  number  of  them ;  and 
the  only  mode  by  which  this  can  be  ascer- 
tained, in  reference  to  any  particular  sul)ject, 
is,  for  some  one  of  them  to  begin  by  submitting 
fco  the  others  a  proposition,  expressed  in  such 
I  fonn  of  words,  lliat,  if  assented  to  by  the 
equisite  number,  it  will  purport  to  ex})res3 
he  judgment  or  will  of  the  assembly.  Tliis 
:)roposition  will  then  fonn  a  basis  for  the  furtliei 
proceedings  of  the  assembly ;  to  be  assented 
X),  rejected,  or  modified,  according  as  it  ex- 
presses or  not,  or  may  be  made  to  express, 
iJie  sense  of  a  majority  of  the  members.  The 
lifTerent  proceedings  which  take  place,  from 
Llie  first  submission  of  a  proposition,  through  all 
tlie  changes  it  may  imdergo,  until  Ihe  final 
decision  of  the  assembly  upon  it,  constitute  tht> 
gubjcct  of  {.he  nUes  of  debate  and  proceeding 
ia  deliberative  assemblies. 

15.  If  the  proceedings  of  a  deliberative  as 


fiemblv  were  confined  to  the  makina:  of 


propc> 


lb  PARLIAMENTARY    FRACTICB 

sitions  by  the  individual  members,  and  theii 
acceptance  or  rejection  by  the  votes  of  the 
assembly,  there  would  be  very  little  occasior 
for  rules  in  sncli  a  body.  But  this  is  not  the 
case.  The  functions  of  the  members  arc  not 
limited  to  giving  an  affirmative  or  negative 
to  such  qnestions  as  are  proposed  to  them. 
MHien  a  proposition  is  made,  if  it  be  not  agreed 
to  or  rejected  at  once,  the  assembly  may  be 
unwilling  to  consider  and  act  upon  it  at  all; 
or  it  may  wish  to  postpone  the  consideration 
of  the  subject  to  a  future  time;  or  it  may  be 
willing  to  adopt  the  proposition  with  certain 
modifications ;  or,  lastly,  approving  the  subject- 
matter,  but  finding  it  presented  in  so  crude, 
imperfect,  or  o])jectionable  a  form,  that  it  can- 
not in  that  state  be  considered  at  all,  the  as- 
sembly may  desire  to  have  the  proposition 
further  examined  and  digested,  before  being 
presented.  In  order  to  enable  the  assembly 
to  take  wliichever  of  the  courses  above  in 
dicated  it  may  think  proper,  and  then  to  dis 
pose  of  every  proposition  in  a  suitable  mannei 
certain  motions  or  forms  of  question  have  beer 
invented,  which  are  perfectly  adapted  for  the 
purpose,  and  are  in  common  use  in  all  delibera 
tive  assemblies. 


QUORUM.  n 

CHAPTER   L 

OP  CERTAIN  PRELIMINARY  MATTERS 

16  Before  entering  upon  the  subject  of  the 
forms  and  mles  of  proceeding,  in  the  trans- 
action of  business,  it  will  be  convenient  to 
consider  certain  matters  of  a  preliminary 
nature,  which  are  more  or  less  essential  to 
the  regularity,  despatch,  and  efficiency  of  thp 
proceedings. 

Section  I.      Quorum. 

17.  In  all  coimcils,  and  other  collective 
bodies  of  the  same  kind,  ii  is  necessary,  that 
a  certain  nimiber,  called  a  quorum,  of  the 
members,  should  meet  and  be  present,  in  ordei 
to  the  transaction  of  business.  Tliis  regulatioD 
has  been  deemed  essential  to  seciure  fairness 
of  proceeding;  and  to  prevent  matters  from 
being  concluded  in  a  hasty  manner,  or  agreed 
to  by  so  small  a  number  of  the  members,  as 
r.ot  to  command  a  due  and  proper  respect 

18.  The  number  necessar^^  to  constitute  a 
qtiomm  of  any  assembly  may  he  fixed  by  law. 


lb  fARLIAMENTARY    »>B.A')T1CE 

as  is  the  case  with  most  of  our  legislative 
asibembUes ;  or  by  usage,  as  in  the  English 
house  of  commons ;  or  it  may  be  fixed  Ijy  the 
assembly  itself;  but  if  no  rule  is  established 
on  the  subject,  in  any  of  these  ways,  a  ma- 
jority of  the  members  composing  the  assembly 
IS  the  requisite  number. 

19.  No  business  can  regularly  be  entered 
upon  imtil  a  quorum  is  present ;  nor  can  any 
business  be  regularly  proceeded  with  when  it 
appears  that  the  members  present  are  reduced 
below  that  number ;  consequently,  the  presid- 
ing officer  ought  not  to  take  tlie  chair  until  the 
proper  number  is  ascertamed  to  be  present, 
and  if,  at  any  time,  in  the  course  of  the  pro- 
ceedings, notice  is  taken  that  a  quorum  is  not 
present,  and,  upon  the  members  being  counted 
by  the  [)residing  officer,  such  appears  to  be  the 
fact,  the  assembly  must  be  immediately  ad- 
journed. 

Sect.  II     Rules  and  Ofders 

20.  Every  dehberative  assembly,  as  haa 
already  been  observed,  is,  by  the  fact  alone 

of  its  existence,  subject  to  those  rules  of  pro 
ceeding,  without  which  it  could  not  accor.q)lisb 
the  purposes  of  its  creation.     It  may  als    pro- 


RULES    AND    ORDERS.  8 

vide  rule*  for  itself,  either  in  the  form  of  a 
general  code  established  beforehand,  or  by  the 
adoption,  from  time  to  time,  during  its  sitting. 
of  such  special  rules  as  it  may  find  necesbary 

21.  When  a  code  of  ndes  is  adopted  before- 
hand, it  IS  usual  also  to  provide  therein  as  to 
the  mode  in  whicli  they  may  be  amended,  re- 
pealed', or  cUspensed  with.  Where  there  is  no 
such  provision,  it  will  be  competent  for  the 
assembly  to  act  at  any  time,  and  in  the  usual 
manner,  upon  questions  of  amendment  or 
repeal ;  but  in  reference  to  dispensing  with  a 
nile,  or  suspending  it,  in  a  particular  case,  if 
there  is  no  express  provision  on  the  subject, 
it  seems  that  it  can  only  be  done  by  general 
consent.     [^  ^16.] 

22.  "\Mien  any  of  the  rules,  adopted  by  the 
assembly,  or  in  force,  relative  to  its  manner  of 
proceeding,  is  disregarded  or  infringed,  every 
member  has  the  right  to  take  notice  thereof 
and  to  require  that  the  presiding  officer,  or  an\ 
other  whose  duty  it  is,  shall  caiTy  such  rule 
into  execution ;  and,  in  that  case,  the  rule  mu3l 
be  enforced,  at  once,  without  debate  or  delay. 
It  is  then  too  late  to  alter,  repeal,  or  suspend 
the  rule ;  so  long  as  any  one  member  insist? 
upon  i^  execution,  it  must  be  enforced 


^0  PARLIAMENTARY    PRACTICE 

SfiCT.  III.     Time  of  Meeting. 

23.  Every  assembly,  which  is  not  likc^ly  t*: 
^sh  its  business  at  one  sitting,  will  find  i\ 
convenient  to  come  to  some  order  or  resolution 
beforehand,  as  to  the  time  of  reassemlling, 
after  an  adjournment;  it  being  gene-rally 
smbaiTassing  to  fix  upon  the  hour  for  this 
purpose,  at  the  time  when  the  sitting  is  about 
to  close,  and  in  connection  with  the  motion 
to  adjourn. 

Sect.  IV.     Principle  of  Decision. 

L4.  The  principle,  upon  which  the  decis- 
ions of  all  aggregate  bodies,  such  as  coun 
cils,  corporations,  and  deliberative  asseml)lies, 
are  made,  is  that  of  the  majority  of  votes 
or  suffrages;  and  this  rule  holds  not  only  in 
reference  to  questions  and  subjects,  which 
admit  only  of  an  affirmative  on  one  side,  and 
a  negative  on  the  other,  but  also  in  reference 
to  elections  in  which  more  than  two  persons 
may  receive  the  suffrages. 

25.  But  this  rule  may  be  controlled  by  a 
special  rule  in  reference  to  some  particulai 
subject  or  question  ;  by  which  ajiy  less  numl)ei 


MAJORITY.  21 

tlian  a  majority  may  be  admitted,  or  any  great ei 
number  required,  to  express  the  will  of  the 
assembly.  Thus,  it  is  frequently  provided,  in 
legislative  assemblies,  that  one  third  or  one 
fourth  only  of  the  members  shall  be  sufficient 
to  require  the  taking  of  a  question  by  yeas  and 
nays,  and,  on  the  other  hand,  that  no  alteration 
shall  take  place  in  any  of  the  ndes  and  orders, 
without  the  consent  of  at  least  two  thirds,  or 
even  a  larger  number. 


82  parliamentaey  practich. 

CHAPTER  IL 

OF    TIIE    OFFICERS. 

26.  Tlie  usual  and  necessary  officers  of  a 
deliberative  assembly  are  those  already  men- 
tioned, namely,  a  presiding,  and  a  recording, 
officer;  both  of  whom  are  elected  or  appointed 
ny  the  assembly  itself,  and  removable  at  its 
[)leasure.  These  officers  are  always  to  be 
elected  by  absolute  majorities,  even  in  those 
states  in  M'hich  elections  are  usually  effected 
by  a  plurality ;  for  the  reason,  that,  being  re- 
movable at  the  pleasure  of  the  assembly,  if 
any  number  short  of  a  majority  were  to  elect, 
I  person  elected  by  any  such  less  number 
%vould  not  be  able  to  retain  his  office  for  a 
moment ;  inasmuch  as  he  might  be  instantly 
removed  therefrom,  on  a  question  made  for 
tint  purpose,  by  the  votes  of  those  who  had 
voted  for  other  persons  on  the  election;  and 
it  is  essential  to  the  due  and  satisfactory  per- 
formance of  the  functions  of  these  officers 
that  they  should  possess  the  confi  lence  of  the 
assembly,  which  they  cannot  be  said  to  do, 
unless  they  ha\-e  the  suffirages  :f  at  least  a 
aiajority. 


presiding  officer  tio 

Sect.  L     The  Presiding  Ofiiceiu 

27  The  principal  duties  of  this  officer  are 
I  he  following: —     . 

To  open  the  sitting,  at  the  time  to  which 
ihe  assembly  is  adjourned,  by  taking  the  chaii 
Hid  calling  the  members  to  order ; 

To  announce  the  business  before  the  as- 
sembly m  tte  order  in  which  it  is  to  be  acted 
upon ; 

To  receive  and  submit,  m  the  proper  man- 
ner, all  motions  and  propositions  presented  by 
the  members ; 

To  put  to  vote  all  questions,  which  are 
regularly  moved,  or  necessarily  arise  ui  the 
course  of  the  proceedings,  and  to  announce 
the  result ; 

To  restrain  the  members,  when  engaged  in 
debate,  witliin  the  rules  of  order ; 

To  enforce  on  all  occasions  the  observance 
of  order  and  decorum  among  the  members , 

To  receive  all  messages  and  other  com- 
munications and  announce  them  to  the  as- 
sembly ; 

To  authenticate,  by  his  signature,  when 
necessar^^  all  the  acts,  orders,  and  proceedings 
of  the  assembly;       "** 


(i4  PAKLIAMENTAKY    PRACTICE 

To  iiifcrni  the  assembly,  when  necessary 
or  when  referred  to  fur  the  purpose,  in  a  point 
of  onier  or  ])ractice ; 

To  name  the  members  (^hen  clii-ected  to  do 
so  m  a  particular  case,  or  when  it  is  made  a 
part  of  his  general  duty  by  a  rule,)  who  are  to 
serve  on  committees ;  and,  in  general, 

To  reuresent  and  stand  for  the  assembly, 
declaring  its  will,  and,  in  all  things,  obeyir.g 
implicitly  its  commands. 

28.  If  the  assembly  is  organized  by  the  choice 
of  a  president,  and  vice-presidents,  it  is  the  duty 
of  one  of  the  latter  to  take  the  chair,  in  case  of 
the  absence  of  the  president  from  the  assembly, 
or  of  his  withdrawing  from  tlie  chair  for  the 
purpose  of  participating  in  the  })roceedings. 

29.  Where  but  one  presiding  officer  is  ap 
pointed,  in  the  first  instance,  his  place  can 
only  be  supphed,  in  case  of  his  absence,  by 
the  ajipointment  of  a  president  or  chairman 
pro  tempore ;  and,  in  the  choice  of  this  officer 
who  ought  to  be  elected  before  any  othe 
business  is  done,  it  is  the  duty  of  the  sccro 
tary  to  conduct  the  proceedings. 

30.  The  j>residing  officer  may  read  sitting 
but  should  rise  to  state  a  motion,  ar  put  a 
j^westion  to  the  assembly. 


SECRETARY    OR    CLERK.  25 

Sect.   II      The  Pwecoeding  Officer 

31.  The  principal  duties  of  tliis  officer  con- 
sist in  taking  notes  of  all  the  proceedings,  and 
in  making  true  entries  in  his  journal  of  all  "  the 
Ihings  done  and  past"  in  the  assembly;  but 
he  is  not,  in  general,  required  to  take  minutes 
of  "  particular  men's  speeches,"  or  to  make 
entries  of  things  merely  proposed  or  moved, 
without  coming  to  a  vote.  He  is  to  enter 
what  is  done  and  past,  but  not  what  is  said 
jr  moved.  This  is  the  rule  in  legislative 
assemblies.  In  others,  though  the  spirit  of 
the  \\e  ought  to  be  obser\^ed,  it  is  generally 
expected  of  the  secretary,  that  his  record  shaU 
be  both  a  journal  and  in  some  sort  a  report  of 
the  proceedings. 

32.  It  is  also  the  duty  of  the  secretary"  to 
read  all  papers,  &c.,  which  may  be  ordered  to 
be  read ;  to  call  the  roll  of  the  assembly,  and 
take  note  of  those  who  are  absent,  when  a 
call  is  ordered;  to  call  the  roll  and  note  the 
answers  of  the  members,  when  a  question  is 
taken  by  yeas  and  nays ;  to  notify  committees 
of  their  appointment  and  of  the  business  re- 
ferred to  them;  and  to  authenticate  by  his 
signature  (sometimes  alone  and  somjtimes  in 


*tl  P^h-i.lAMENTAKY     PKACTlCiS. 

eonj unction   vviLli  the  president)  all  the  acta 
orders,  and  proceedings  of  the  assembly. 

33.  The  clerk  is  also  charged  with  the  cus- 
tody of  all  the  papers  and  documents  of  every 
description,  belonging  to  the  assembly,  as  well 
as  the  journal  of  its  proceedings,  and  is  to  let 
jone  of  them  be  taken  from  the  table  by  any 
member  or  other  person,  without  the  leave  oi 
order  of  the  assembly. 

34.  \Vlien  but  a  single  secretary  or  clerk 
is  appointed,  his  place  can  only  be  supplied, 
during  his  absence  by  the  appointment  of 
some  one  to  act  pro  tempore.  When  several 
persons  are  appointed,  this  inconvenience  is 
not  likely  to  occur. 

35.  Tli^  clerk  should  stand  while  feadir,^ 
01  calling  the  assembly 


DEl'ORTMENT     OF    MEMBERS.  2"/ 


CHAPTER   HI. 

OF    THE    RIGHTS   AXD    DUTIES  OF    THE 
]^IEMBERS. 

36.  The  rights  and  duties  of  the  members  of 
a  deliberative  assembly,  as  regards  one  another, 
are  founded  in  and  derived  from  the  principle 
of  their  absolute  equality  among  themselves. 
Every  member,  however  humble  he  may  be, 
has  the  same  right  with  every  other,  to  submit 
his  propositions  to  the  assembly,  —  to  explain 
.nd  recommend  them  in  discussion,  —  and  to 
have  them  patiently  exammed  and  deliber- 
'\tely  decided  upon  by  the  assembly;  and,  on 
the  other  hand,  it  is  the  duty  of  every  one  so 
to  conduct  himself,  both  in  debate,  and  in  his 
general  deportment  in  the  assembly,  as  not  tc 
obstruct  any  other  member,  in  the  enjo^mient 
of  his  equal  rights.  The  rights  and  duties  of 
the  members  require  to  be  explained  only  in 
reference  to  words  spoken  in  debate  (whelhci 
spoken  of  a  member  or  otherwise)  and  to 
general  deportment.  Tlie  first  will  be  most 
conveniently  noticed  in  the  chapter  on  debate; 
*he  other  will  be  considered  in  this  place. 


S8  PARLIAMENTARY    PRACTICE. 

37.  'riie  ol)servance  of  decorum,  by  Jh^ 
niembejs  of  a  deliberative  assembly  is  iiol 
only  due  to  tiiemselves  and  to  one  anoliier 
as  gentlemen  assembled  to2;ether  todeJteratf 
on  matters  of  common  importance  and  interest 
Dut  is  also  essential  to  the  regular  and  satis- 
factory proreedmg  of  such  an  assembly.  The 
rules  on  this  subject,  though  generally  laid 
down  with  reference  to  decorum  in  debate, 
are  equally  a})phcable  whether  the  assembly 
be  at  the  time  engaged  in  debate,  or  not;  and, 
therefore,  it  may  be  stated,  generally,  that  no 
member  is  to  disturb  another,  or  the  assembly 
itself,  by  hissing,  coughing,  or  spitting;  by 
speaking  or  whispering  to  other  members  ;  by 
standing  up  to  the  interruption  of  others ;  by 
passing  between  the  presiding  officer  and  a 
member  speaking ;  going  across  the  assembly 
room,  or  walking  up  and  down  in  it;  taking 
books  or  papers  from  the  table,  or  writing  there 

38.  All  these  breaches  of  decorum  are  doubt- 
less aggravated  by  being  committed  wliile  the 
assembly  is  engaged  in  debate,  though  equally 
(wntrary  to  the  mles  of  propriety,  under  any 
other  circumstances.  Assaults,  by  one  mem 
her  upon  another,  —  threats,  —  chaUenges,  — 
affrays.  &c.  are  also  high  breaches  of  decon:m 


BREACHES    OF    DECORUM.  29 

39.  It  is  also  a  breach  of  deconim  for  a 
member  to  come  into  the  asseml)ly  room  with 
his  head  co\  ered,  or  to  rem(  ve  from  one  place 
to  another  \vith  his  hat  on,  cr  to  put  his  hat  on 
in  commg  in  or  removing,  or,  until  he  has 
taken  his  seat;  and,  in  many  assemblies, 
especially  those  which  consist  of  a  smaU 
number  of  members,  it  is  not  the  custom  to 
nave  the  head  covered  at  all. 

40.  Li  all  instances  of  irregular  and  dis- 
orderly deportment,  it  is  comjieteni  for  every 
member,  and  is  the  special  duty  of  the  pre- 
siding officer,  to  complain  to  the  assembly,  oi 
to  take  notice  of  the  offence,  and  call  the  at- 
tention of  the  assembly  to  it.  When  a  com- 
plaint of  this  kind  is  made  by  the  presiding 
■>fficer,  he  is  said  to  na^ne  the  member  oilend- 
ng ;  that  is,  he  declares  to  the  assembly,  thai 
such  a  member,  calling  him  by  name,  is  guilty 
)f  certain  irregular  or  improper  conduct.  The 
member,  who  is  thus  charged  with  an  offence 
against  the  assembly,  is  entitled  to  be  heard 
in  bis  place  in  exculpation,  and  is  then  tc 
withdraw.  Being  withdrawn,  the  presiding 
officer  states  the  offence  committed,  and  the 
assemldy  proceeds  to  consider  of  the  degree 
and    amount   of  punishment    to   be    inflicted 


30  TARLIAMENTARY    PRACTICE. 

Tlie  assembly  mav  allow  the  menibei  com 
plained  of  to  remaiii,  when  he  oflers  to  \\'ith- 
draw ;  or,  on  the  other  hand,  it  may  retiuire 
him  to  withdraw,  if  he  do  not  offer  to  do  so  ol 
his  own  accord.  The  proceedings  are  similar 
when  the  complaint  is  made  by  a  member, 
except  that  the  offence  is  stated  by  such 
member,  instead  of  being  stated  by  the  pre- 
sidhig  officer. 

41  No  member  ought  to  be  present  in  the 
assembly,  when  any  matter  or  business  con 
ceming  himself  is  debating ;  nor,  if  present,  by 
the  indulgence  of  the  assembly,  ought  he  to 
vote  on  any  such  question.  "WHiether  the 
mat^ei  in  question  concern  his  private  interest 
or  rclaie  to  his  conduct  as  a  member,  —  as  for  a 
breach  of  order,  or  for  matter  arising  in  debalC; 
—  as  soon  as  it  is  fairly  before  the  assembly, 
the  member  is  to  be  heard  in  exculpation  and 
then  to  withdraw,  until  the  matter  is  settled. 
If,  notwithstanding,  a  member  should  remain 
in  the  assembly  and  vote,  his  vote  may  and 
aught  to  be  disallowed ;  it  being  contmiy,  nol 
only  to  the  laws  of  decency,  but  to  the  funda- 
mental principle  of  the  social  conqiact,  that 
A.  mar.  should  sit  and  act  as  a  jud^^e  in  his 
own  case. 


PCJNISHMENT    OF    MEMBERS.  3< 

42.  The  only  punishments,  which  can  be 
inflicted  upon  its  members  by  a  deliberative 
assembly  of  the  kind  now  under  consideration, 
consist  of  reprimanding,  —  exclusion  from  the 
assembly,  —  a  prohibition  to  speak  or  vote,  fo: 
a  specified  time,  —  and  expulsion;  to  which 
are  to  be  added  such  other  forms  of  punish- 
ment, as  by  apology,  begging  pardon,  &c.,  as 
the  assembly  may  see  fit  to  impose,  and  Ic 
require  the  offender  to  submit  to,  on  pain  oi 
expulsion 


32  PARLIAMENTARY    PRACTICE. 

CHAPTER   IV. 

OF  THE   INTRODUCTION  OF  BUSINESS. 

43.  The  })roceedings  of  a  deliberative  as- 
gembly,  in  reference  to  any  particular  subject 
are  ordinarily  set  in  motion,  in  tlie  first  in- 
stance, by  some  one  of  the  members  eithei 
presenting  a  communication  from  persons  not 
inembers,  or  liimself  submitting  a  proposition 
to  the  assembly. 

44.  Communications  made  to  the  assembly- 
are  of  two  kinds,  namely,  those  which  are 
merely  for  its  information  in  matters  of  fact, 
and  those  which  contain  a  request  for  some 
action  on  the  part  of  the  assembly,  eilhei 
of  a  general  nature,  or  for  the  benefit  of  an 
indivi'lual.  The  latter  only,  as  they  alone 
constitute  a  foundation  for  future  proceedings, 
rcqtiire  to  be  noticed. 

45.  Propositions  made  by  members  aie 
irawn  up  and  introduced,  by  motion,  in  the 
form  which  they  are  intended  by  the  mcvei 
to  bear,  as  orders,  resolutions,  or  votes,  if  thej 
>siiordd  be  adopted   by  the  assend)ly.      These 


OBTAINING     THE     FLOOR.  .'33 

opositions,  of  whatever  nature  they  may  be 
are  usually  denominated  motions,  until  the^ 
are  adopted ;  they  then  take  the  name  whicV 
{)roperly  belongs  to  them. 

46.  When  a  member  has  occasion  to  make 
any  communication  whatever  to  the  assembly, 
—  v*^]ietlier  to  present  a  petition  or  other  paper, 
or  to  make  or  second  a  motion  of  any  kind,  oi 
merely  to  make  a  verbal  statement,  —  as  well 
as  wlien  one  desires  to  add'-ess  the  assembly  in 
debate,  he  must,  in  the  first  place,  as  the  ex- 
pression is,  •* obtain  the  floor"  for  the  purpose 
he  has  in  view.  In  order  to  do  this,  he  must 
rise  in  his  place ^,  and,  standing  uncovered, 
address  himself  to  the  presiding  officer,  by  his 
ntle ;  the  latter,  on  hearing  himself  thus  ad- 
dressed, calls  to  the  member  by  his  name; 
and  the  member  may  then,  but  not  before 
proceed  with  his  business. 

47.  If  two  or  more  members  rise  and  ad- 
dress themselves  to  the  presiding  officer,  at 
the  same  time,  or  nearly  so,  he  should  give 

•  In  the  house  of  representatives  of  Massachusetts,  where  eacL 
aiember's  seal  is  regularly  assigned  to  him.  and  numbered,  it  hap 
been  found  useful,  in  deciding  upon  the  claims  of  several  comt-eu- 
Sors  for  the  floor,  to  prefer  one  who  rises  in  his  place,  to  a  niercb*' 
^ht  addresses  the  speaker  from  t^e  area,  the  passage wafs,  o»  the 
leai  of  any  other  member. 


54  PARLIAMENTARY     PRACTICE. 

the  floor  to  the  member,  whose  voice  he  first 
heard.  If  his  decision  should  not  be  satisfac- 
tory, any  member  may  call  it  in  question, 
saying  that  in  his  opinion  such  a  member  (not 
the  one  named)  was  first  up,  and  have  the 
sense  of  the  assembly  taken  thereon,  as  to 
which  of  the  members  should  be  heard.  la 
tliis  case,  the  question  should  be  first  taken 
upon  the  name  of  the  member  announced  by 
the  presiding  officer;  and,  if  this  question 
should  be  decided  in  the  negative,  then  upon 
the  name  of  the  member  for  whom  the  floor 
was  claimed  in  opposition  to  him. 

48.  The  mode  of  proceeding  upon  such 
communications  from  persons  not  members, 
as  are  above  alluded  to,  may  be  explained  by 
that  adapted  on  the  presentation  of  a  petition 
which  may  be  considered  as  the  representative 
of  the  whole  class  to  which  it  belongs. 

49.  A  petition,  in  order  to  be  received,  should 
be  subscribed  by  the  petitioner  himself,  with 
his  own  hand,  either  by  name  or  mark,  except 
in  case  of  inability  from  sickness,  or  because 
tlie  petitioner  is  attending  in  person;  and 
tihoultl  he  presented  or  offered,  not  hy  the 
fx'tj+ioner  himself,  but  by  some  member  ti. 
•yhum  it  is  intrusre^l  for  thut  i»iimo<?« 


PRESENTING    A    PETITION.  St 

60.  The  member,  who  presents  a  petition 
Bnould  previously  have  informed  himself  dF  its 
fxjntents,  so  as  to  be  a  Die  to  state  the  substance 
of  it,  on  offering  it  to  the  assembly,  and  also 
tc  be  prepared  to  say,  if  any  question  sluuild 
be  made,  that  in  his  judgment  it  is  couched  i:j 
proper  language,  and  contains  nothing  inten- 
tionally disrespectful  to  the  assembly. 

51.  Being  thus  prepared,  the  member  rises 
in  his  place,  Avith  the  petition  in  his  hand,  and 
informs  the  assembly  that  he  has  a  certain 
petition,  stating  the  substance  of  it,  wliich  he 
thereupon  presents  or  offers  to  the  assembly, 
and,  at  the  same  time  moves  (wliich,  however, 
may  be  done  by  any  other  member'  that  it 
be  received;  this  motion  being  seconded,  the 
question  is  put  whether  the  •  assembly  will 
receive  the  petition  or  not.  This  i^  the  regular 
course  of  proceeding ;  but,  m  practjce,  there  is 
seldom  any  question  made  on  receiving  a  pe- 
tition; the  presiding  officer  usually  taking  il 
for  gmntcd,  that  there  is  no  objection  to  the 
rece})tion,  unless  it  be  stated.  If,  however. 
any  objection  is  made  to  a  petition,  before  i' 
has  been  otherwise  disposed  of,  the  presiding 
officer  ought  to  retrace  his  steps  and  require  a 
motion  of  r3c^.ption  to  be  regularly  made  and 
seconded 


^^  PARLIAMENTARY    PRACTICF. 

52.  Ii  tlic  question  of  reception  is  deler- 
mined  in  Ihc  'allirmative,  the  petition  is  brought 
up  to  tlie  table  by  tlie  member  presenting  if 
and  is  tliere  read  as  of  course  by  tht  clerk.  I^ 
is  then  regularly  ])efore  tlic  asseml)ly,  to  be 
di  alt  with  as  it  thinks  proper;  the  usual  course 
being  either  to  proceed  to  considej-  the  subject 
of  it  immediately,  or  to  assign  some  future 
time  for  its  consideration,  or  to  order  it  to  lie 
on  the  table  for  the  examination  and  consider- 
ation of  the  members  individually. 

53.  Whenever  a  member  introduces  a  propo- 
sition of  his  own,  for  the  consideration  of  the 
assendjly,  he  jnits  it  into  the  form  he  desires 
it  should  have,  and  then  moves  that  it  be 
adopted  as  the  resolution,  order,  or  vote  of  the 
assembly.  If  this  proposition  so  far  meets  the 
apjirobation  of  other  members,  that  one  of 
rhem  rises  in  his  place  and  seconds  it,  it  may 
th.en  be  put  to  the  question ;  and  the  result, 
wliether  affirmative  or  negative,  becomes  the 
jiidgment  of  the  assem])ly. 

51.  A  motion  must  be  submitted  in  writing 
otherwise  the  presiding  officer  will  be  justified 
'.n  refusing  to  receive  it;  he  may  do  so,  how 
f^ver,  if  he  pleases,  and  is  wilhng  to  take  the 
*rcnble  himself  to  reduce  it  to  writing.     Thii 


MAKING    A    MOTION.  87 

rule  extends  only  to  principal  motions,  which, 
when  adopted,  become  the  act  and  express 
the  sense  of  the  assembly ;  but  not  to  subsidiary 
or  incidental  motions'  which  merely  enable 
the  assembly  to  dispose  of  the  former  in  tlie 
manner  it  desires,  and  wliich  arc  always  in 
the  same  form.  In  the  case  of  a  motion  to 
amend,  which  is  a  subsidiaiy  motion,  the  rule 
admits  of  an  exception,  so  far  as  regards  the 
msertion  of  additional  words,  which,  as  well 
as  the  principal  motion,  must  be  in  Avriting. 

55.  A  motion  must  also  be  seconded,  that  is, 
approved  by  some  one  member,  at  least,  ex- 
pressing his  approval  by  rising  and  saying, 
that  he  seconds  the  motion ;  and  if  a  motion 
be  not  seconded,  no  notice  whatever  is  to  be 
taken  of  it  by  the  presiding  officer;  thou.^-h,  in 
practice,  very  many  motions,  particularly  those 
which  occur  in  the  ordinary  routine  of  business, 
are  admitted  without  being  seconded  This 
nde  apphes  as  well  to  subsidiary  as  principal 
motions.  Tlie  seconding  of  a  motion  seem? 
to  be  required,  on  the  ground,  that  the  time  ot 
the  assembly  ought  not  to  be  taken  up  by  a 
question,  which,  for  any  thing  that  appears, 

I  Such  as,  to  adjourn,-— lie  on  the  table,  —  for  the  prerioua  que* 
tioa,  —  for  poslponemeat,  — •  commitment.  Jtc 


38  PARLIAMENTAKV     PRACTICE. 

h£LS  no  one  in  its  favor  but  the  mover.  There 
are  some  apparent  exce})tions  to  this  rule, 
which  will  be  stated  hereufler,  in  those  oases, 
in  which  one  member  alone  has  the  right  of 
uistituting  or  giving  direction  to  a  particu'ai 
proceeding;  and  an  actual  exception  is  some- 
times made  by  a  special  rule,  requiring  certain 
motions  to  be  seconded  by  more  than  one 
member.     [IT  318.] 

56.  When  a  motion  has  been  made  and 
seconded,  it  is  then  to  be  stated  l)y  the  presid- 
uig  officer  to  the  assembly,  and  thus  becomes 
a  question  for  its  decision ;  and,  until  so  stated 
It  is  not  in  order  for  any  other  motion  to  be 
made,  or  for  any  member  to  speak  to  it ;  but, 
when  moved,  seconded,  and  stated  from  the 
chair,  a  motion  is  in  the  possession  of  the 
assembly,  and  cannot  be  withdrawn  by  the 
mover,  but  by  special  leave  of  the  assembly, 
which  must  be  obtained  by  a  motion  made 
and  seconded  as  in  other  cases.     [If  319.] 

57.  When  a  motion  is  regularly  before  the 
assembly,  it  is  the  duty  of  the  presiding  office i 
to  state  it,  if  it  be  not  in  writing,  or  to  cause  it 
to  be  read,  if  it  be,  as  often  as  any  membei 
desires  to  have  it  stated  or  read  for  his  in 
formation. 


MOTION    MADE    AND     STATED  cJil 

58.  WTien  a  motion  or  proposition  is  regu- 
[arly  before  the  assembly,  no  other  motion  can 
be  received,  iinhiss  it  be  one  which  is  previous 
in  it?  nature  to  the  question  under  considera- 
tion, and  consequently  entitled  to  take  its 
place  for  the  time  being,  and  be  first  decided 


40  PARLIAMENTARY    I'RACnCB 

CHAPTER   V 

OF  l^IOTIONS  IN  GENERAL. 

59  -WHien  a  proposition  is  made  to  a  delibfci 
a  live  assembly,  for  its  adoption,  the  proposition 
may  be  in  such  a  form  as  to  be  put  to  tlie 
question,  and  the  assembly  may  be  in  sucli  a 
state  as  to  be  willing  to  come  to  a  decision 
upon  it,  at  once ;  and  when  this  is  the  case, 
notliing  more  can  be  necessary  than  to  take 
tlie  votes  of  the  members,  and  ascertain  the 
result.  But  a  diiferent  slate  of  things  may 
and  commonly  does  exist ;  tlie  assembly  may 
prefer  some  other  course  of  proceeding  to  an 
immediate  decision  of  the  question  in  the  form 
in  which  it  is  presented ;  and,  as  it  is  proper 
that  every  parliamentary  body  should  have 
the  means  of  fitly  disposing  of  every  proposi- 
tion which  may  be  made  to  it,  certain  forms 
af  question  have  from  time  to  time  been  m- 
vented,  and  are  now  in  general  use,  for  Iha^ 
pur]iose.  Tliese  forms  of  question  may  prop- 
erly be  called  subsidiary,  in  order  to  distinguisb 
them  from  the  principal  mction  or  question  to 
which  they  relate. 


SUBSIDIARY    MOTIONS.  41 

60.  Tlie  diflerent  states  of  mind,  in  v/hich  a 
proposition  may  be  received  by  a  deliberative 
assembly,  and  tlie  corresponding  forms  of  pro- 
ceeding, or  subsidiary  motions,  to  wliicli  they 
give  rise,  in  order  to  ascertain  the  sense  of  tlie 
assembly,  are  the  following:  — 

First.  The  assembly  may  look  upon  tbo 
proposition  as  useless  or  inexpedient;  and  may 
therefore  desire  to  suppress  it,  either  for  a 
time,  or  altogether.  The  subsidiary''  motions 
for  this  purpose,  are  the  previous  question  and 
indefinite  postponement. 

Second.  The  assembly  may  be  willing  to 
entertain  and  consider  of  a  proposition,  but 
not  at  the  time  when  it  is  made ;  eitlier 
because  more  information  is  v/anted  by  the 
members  individually;  or  because  they  desire 
further  time  for  reflection  and  examination  ; 
or  because  the  assembly  is  then  occupied  with 
some  other  matter,  which  has  more  pressing 
olaims  upon  its  present  attention.  The  usual 
motions,  under  such  circumstances,  are  post- 
pcneraent  to  some  future  day  or  time,  and  tc 
he  on  the  table. 

Third.  The  subject-matter  of  a  prrpositior. 
may  be  regarded  with  favor,  but  the  form  ic 
which  it  is  introduced  may  be  so  defective 


1/i  PARLIAMENTARY     PRACTICE. 

that  a  more  careful  and  deliberate  considei 
ation,  than  can  conveniently  be  given  to  it  io 
Ihc  assembly  itself,  may  be  necessary  to  put 
i*.  into  a  satisfactory  form.  Li  this  case,  it  is 
most  proper  to  refer  the  proposition  to  a  cpm- 
mittce. 

Fourth  The  proposition  may  be  acceptable 
and  the  form  in  wliich  it  is  presented  so  far 
saHsfactory,  that  the  assembly  may  be  wilhng 
to  consider  and  act  upon  it,  with  such  altera- 
tions and  amendments  as  may  be  thought 
proper.  The  motion  adapted  to  tliis  case  is 
to  amend. 

Gl.  It  is  not  to  be  supposed,  that  the  sub- 
sidiary motions  above  specified  are  the  only 
ones  that  have  at  any  time  been  adopted  or 
used ;  or  that  it  is  not  competent  to  a  delib- 
erative assembly  to  frame  new  motions  at 
pleasure ;  but  tliese  are  the  forms  in  most 
common  use,  and  are  entirely  sufficient  for  all 
practical  purposes^.     Neither  is  it  to  be  sup* 

1  Ii  is  usual,  in  legislative  assemblies,  to  provide  by  a  special  rule, 
•oth  as  to  the  particular  motions  to  be  used,  and  the  order  in  which 
iney  may  be  made.  Thus,  the  rule  in  the  hoiise  of  representativei 
•f  congress,  (which  is  also  adopted  in  the  house  o/  representative* 
»f  Massachusetts,)  is,  tliat,  "  when  a  question  is  under  debate,  no 
(notion  shall  be  received,  but  to  adjourn,  to  lie  on  the  table,  for  the 
prenous  question,  to  postpone  to  a  day  certain,  to  commit,  to  amena 
to  postpone  indefimtely,  which  several  motions  snail  have  preo*- 
dance  iii  the  order  in  wiiich  tliey  are  arra.'ijjfcd." 


SUBSIDIARY    MOTIONS.  43 

posed,  tliat  these  motions  are  always  applied 
strictly  to  the  cases  to  which  they  most  appro- 
priately belong ;  several  of  them  are  frequently 
used  to  e/Fect  purposes,  for  wliich  others  wouid 
be  more  proper.  These  misapphcatious  wUi 
be  taken  notice  of,  under  the  heads  of  the 
several  motions. 


44  PARLIAMENTARY    PRACnCE 

CHAPTER   IV. 
OF  MOTIONS  TO  SUPPllESS 

62.  WHien  a  proposition  is  moved,  wliich,  \* 
'm  supposed,  may  be  regarded  by  the  asseml  ly 
as  useless  or  inexpedient,  and  which  it  may 
therefore  be  desirous  to  get  rid  of,  such  i)ropc- 
sition  may  be  suppressed  for  a  time  by  means 
of  the  previous  question,  or  altogether  by  a 
faction  for  indefinite  postponement. 

Sect.  L     Previous   Question. 

t>3.  Tlie  original  and  proper  parliamentary 
n?e  of  the  previous  question  being,  as  above 
stated,  the  suppression  of  a  main  question,  it 
seems  proper  to  consider  it  as  one  of  the  sub- 
sidiary motions  for  that  purpose ;  although,  in 
this  country,  it  has  been  perverted  to  a  wholly 
different  use,  namely,  the  suppression  of  de- 
bate, riiis  considemtion,  in  connection  with 
the  difficulty  of  the  subject,  and  the  importance 
of  a  correct  understanding  of  it,  makes  it  proper 
to  devote  more  room  to  \.e  previous  question. 
Uian  needs  to  b  i  given  to  most  of  the  othei 


PREVIOUS    QUESTION.  4A 

siibsidiar}^  motions.  It  will  first  be  considered 
according  to  its  original  use  and  intei.tion  ;  and, 
afterwards,  as  used  in  this  country. 

64.  There  are  several  motions,  which  give 
rise  to  questions  previous  in  their  nature  to 
other  questions  to  Vv^hich  they  relate  ;  but  the 
\exm  previcAis  has  been  applied  exclusively  to 
\  motion  denominated  the  pievious  question^ 
which  has  for  its  object  the  suppression  of  a 
principal  motion  or  question.  This  motion 
was  introduced  into  the  liouse  of  commons,  in 
England,  more  than  tv*^o  centuries  ago,  for  the 
purpose  of  suppressing  subjects  of  a  delicate 
nature,  relating  to  high  personages,  or  the  dis 
cussion  of  wliich  might  call  forth  obsen^ationa 
of  an  injurious  tendency.  When  first  made 
use  of,  the  form  of  the  motion  was,  shall  the 
main  quemon  he  put  ?  and  the  effect  of  a  de- 
cision of  it  in  the  negative  was  to  suppress  the 
main  question  for  the  whole  session.  The 
fori 71  of  it  was  afterwards  changed  to  that 
v/liich  it  his  at  present,  namely,  shall  the  main 
mcstion  be  7iow  pv.t  ?  and  the  effect  of  a  nega- 
live  decision  of  it  now  is  to  suppress  the  mairj 
uestion  fDr  the  residue  of  the  day  only.  The 
iteration  of  this  motion,   in  suppressing  the 


46  PARLIAMENTARY    PRACTICE. 

question  to  which  it  is  appUed,  results  from 
the  principle,  that  no  further  consideration  oi 
discussion  can  regularly  be  had  of  a  subject, 
which  it  has  been  decided  shall  not  be  pui 
to  ♦he  question;  and,  therefore,  when,  on  the 
motion  of  the  previous  question,  it  has  beeu 
decided,  that  the  principal  question  shall  not 
now  be  put,  that  question  is  disposed  of  foi 
the  day,  and  cannot  be  renewed  until  the  nex* 
or  some  succeeding  day.  This  is  the  puqiose 
for  which  the  previous  question  was  originally 
invented,  and  for  which  it  is  still  used  in  the 
British  parliament 

65.  But  the  previous  question  may  be  de- 
cide! in  the  affirmative,  as  well  as  the  nega- 
tive, that  is,  that  the  main  question  shall  now 
be  put ;  in  which  case,  that  question  is  to  be 
put  immediately,  without  any  further  debate, 
and  in  the  form  in  which  it  then  exists.  This 
operation  of  the  previous  question,  when  de- 
:nded  affirmatively,  has  led  to  the  use  of  it  foi 
fhe  purpose  of  suppressing  debate  on  a  prin- 
cip^  question,  and  coming  to  a  vote  upon  if 
immediately;  and  this  is  ordinarily  the  only 
object  of  the  previous  question,  as  made  use 
of  in  the  legislative  assemblies  of  the  United 


PREVIOUS    QUESTION.  47 

State  s  ^ .    Tlie  operation  of  a  negative  decision 

is  differ(,'nt  in  diiTerent  assemblies ;  in  some 
as,  for  example,  in  the  house  of  represent  a- 
tives  of  congress,  it  operates  to  dispose  cf  the 
(rincipal  or  main  question  by  suppressing  oi 
rcmo^mig  it  from  before  the  house  for  the  day ; 
hut  in  others,  as  in  the  house  of  representa- 
tives of  IMassachusetts,  and  in  the  house  of 
assembly  of  New  York,  (in  the  former  by 
usage  only,  and  in  the  latter  Dy  a  rule,)  the 
effect  of  a  negative  decision  of  the  pre\aous 
question  is  to  leave  the  main  question  under 
debate  for  the  residue  of  the  sitting,  unless 
sooner  disposed  of,  by  taking  the  question,  oi 
in  some  other  manner. 

66.  Li  England,  the  previous  question  is 
used  only  for  suppressing  a  main  question ; 
I  he  object  of  the  mover  is  to  obtain  a  decision 
of  it  in  the  negative ;  and  the  effect  of  such  a 
decision,  though  in  strictness  only  to  suppress 
the  question  for  the  day,  is,  practically  and  ]  y 

1  Mr.  Jefferson  (IMiinual,  \  xxsiv.)  considers  this  extcnsicn  of  :ht 
prjrious  question  as  an  abuse.  He  is  of  opinion,  that "  its  uses  would 
be.  83  weli  ansn-eren  by  other  more  sitnple  parliamcn;ar>-  forms 
vA  thetefore  it  should  not  be  favored,  bat  restricted  wiit.in  ag  nar 
row  limits  as  possible."  Notwithstandmg  this  suggestion  however, 
the  use  of  the  previous  question,  as  above  stp.ted,  has  become  m 
kna^j  established,  that  i*  ear-not  now  be  disturbed  or  iinsett!«d 


<lb  PARLIAMENTARY    PRAOTTCB. 

parliamentary  usage,  to  dispose  of  the  S'lbje^ 
altogether.  In  this  country,  the  previous  ques- 
tion is  used  chiefly  for  sup]iressing  debate 
on  a  main  question;  the  object  of  the  mover 
is  to  obtain  a  decision  of  it  in  the  afhrmative  ; 
and  the  effect  of  a  decision  the  other  way, 
though  in  some  assemblies  operating  techni- 
cally to  supj)ress  the  main  question  for  the  day 
only,  is,  in  general,  merely  to  suspend  the 
takini:^  of  the  question  for  that  day ;  either 
leaving  the  debate  to  goon  dtuing  the  residue 
of  the  day,  or  the  subject  to  be  renewed  on 
the  nt^xt  or  some  other  day.  The  operation 
of  an  aflumative  decision  is  the  same,  in  both 
countries,  namely,  the  putting  of  the  main 
question  immediately,  and  without  furthei 
debate,  delay,  or  consideration. 

Sect.  II     Indefinite    Postponement. 

07.  In  order  to  suppress  a  question  alto- 
gether, without  coming  to  a  direct  voVe  upon 
it,  in  such  a  manner  that  it  cannot  be  renewed, 
the  pro]»er  motion  is  for  indefinite  postpone- 
ment; that  IS,  a  postponement  or  adjournment 
of  the  juestion,  without  fixing  any  day  for  re- 
suminjT  it.    The  effect  of  this  motion  if  )lecided 


liNUEHMTE     POSTPONEMENT  4  i> 

in  the  affirmative,  is  to  quash  the  proposition 
entirely ;  as  an  indefiiiite  adjoiLruinent  is 
ecjiiivalent  to  a  dissohition,  or  the  continuance 
of  a  suit,  without  day,  is  a  discontinuance  of  it 
A  negative  decision  has  no  effect  whatever 


50  PARLIAMENTARY    PRAC"»CK. 

CHAPTER   VJI. 

OF  MOTIONS  TO  POSTFONE 

68.  If  the  assembly  is  willing  to  enlerta'fe 
and  consider  a  question,  but  not  at  the  tinit 
when  it  is  moved,  the  proper  course  is  eithci 
lo  postpone  the  subject  to  another  day,  or  to 
order  it  to  lie  on  the  table. 

69.  When  the  members  individually  want 
more  information  than  they  possess,  at  the 
time  a  question  is  moved,  or  desire  further 
time  for  reflection  and  examination,  the  proper 
motion  is,  to  postpone  the  subject  to  such 
future  day  as  will  answer  the  views  of  the 
assembly. 

70.  This  motion  is  sometimes  used  improp- 
erly, to  get  rid  of  a  proposition  altogether,  as 
would  be  done  by  an  indefinite  postponement 
This  is  effected  by  fixing  upon  a  day,  which 
according  to  the  common  course  of  things,  wiU 
not  arrive  until  after  the  assembly  has  beec 
brought  to  a  close.  But  a  motion,  worded  io 
this  manner,  is  precisely  equivalent  to  a  motioii 
for  indefinite  postponement,  and  should  be  so 
considered  and  treated. 


LIE    ON    THE    TABLE.  di 

7-.  If  the  assembly  has  something  else  le 
ftie  it,  wliich  claims  its  present  attention,  and 
is  therefore  desirous  to  postjione  a  particular 
proposition,  imtil  that  subject  is  disposed  of, 
such  postponement  may  be  effected  by  means 
of  a  motion  that  the  matter  in  question  lie  on 
the  table.  If  this  motion  prevails,  the  subject 
so  disposed  of  may  be  taken  up,  at  any  time 
afterguards,  and  considered,  when  it  may  suit 
the  convenience  of  the  assembly.     [%  320.] 

72.  This  motion  is  also  sometimes  made  use 
of  for  the  final  disposition  of  a  subject;  andj  it 
always  has  that  effect,  when  no  motioii  ii 
afterwards  made  to  take  it  up. 


52  fLLlAMENTARY    PRACTICE. 

CHAPTER   VIII. 
OF  MOTIONS  TO  CO]\E\nT. 

73  llie  third  case  for  the  use  of  a  sub- 
fiidiary  motion,  as  ah-eady  stated,  occurs,  when 
the  subject-matter  of  a  proposition  is  regarded 
with  favor,  out  tlie  form  in  which  it  is  intro- 
duced is  so  defective,  that  a  more  careful  and 
dehberate  consideration  is  necessary,  than  can 
conveniently  be  given  to  it  in  the  assembly 
itself,  in  order  to  put  it  into  a  satisfactory^  form. 
Tlie  course  of  proceeding  then  is,  to  refer  the 
subject  to  a  committee  ;  which  is  called  a  com- 
mitment, or,  if  the  subject  has  already  been  in 
the  hands  of  a  committee,  a  recommitment. 

74.  If  there  is  a  standing  committee  of  the 
assembly,  whose  functions  embrace  the  subject 
in  question,  the  motion  should  be  to  refer  it  to 
that  committee ;  if  there  is  no  such  committee, 
then  the  motion  should  be  to  refer  to  a  select 
committee.  If  it  is  a  matter  of  doubt,  whether 
a  particular  standing  committee  is  appropriate 
or  not,  and  propositions  are  made  for  a  refer(3nce 
to  that  commivcee,  and  also  for  a  reference  to 


O'OxMM    TMENT 


a    select   committee,    the    former  proposition 
Bhould  be  first  put  to  the  question. 

7o.  AVheri  a  subject  is  rpferred  or  recommit 
ted,  the  committee  may  be  instructed  or  ordered 
by  the  assembly,  as  to  any  part  or  the  whole 
of  the  duties  assigned  them;  or  the  •siit^jec* 
may  be  left  with  them  without  instructions 
In  the  former  case,  tlie  instructions  must  bt 
cbeyed,  of  course  ;  in  the  latter,  the  committee 
have  full  power  over  the  matter,  and  may 
report  upon  it,  in  any  manner  they  please, 
provided  they  keep  within  the  recognized 
foims  of  parliamentary  proceedings.  [%  321.1 

76.  A  part  only  oC  a  subject  may  be  commit 
ted,  without  the  residue  ;  oi  different  parts  moy 
be  committed  to  diiferent  committees. 

77.  A  commitment  with  instructions  is  some- 
times mode  use  of,  as  a  convenient  mode  of 
procuring  further  information,  and,  at  the  same 
time,  of  postponing  the  consideration  of  a 
subject  to  a  future  though  uncertain  day. 


M  PARLIAMENTARY     PRACTICE. 

CHAPTER    IX. 

OF  MOTIONS  TO  AMEND. 

78.*  The  last  case,  for  the  mtroduction  of 
Bubsidiai7  motions,  is  when  the  assembly  is 
gatisliecl  with  the  subject-matter  of  a  proposi- 
tion,  but  not  with  the  form  of  it,  or  with  all  its 
different  parts,  or  desires  to  make  some  ad- 
dition to  it.  The  course  of  proceeding  then 
is,  to  bring  the  proposition  into  the  proper 
form,  and  make  its  details  satisfactory,  by 
means  of  amendments,  or  of  certain  proceed- 
mgs  of  a  similar  character,  and  having  the 
same  general  purpose  in  view.  The  latter  will 
be  first  considered. 

Sect.  L     Division  of  a   Question. 

79.  When  a  proposition  or  motion  is  com- 
plicated, that  is,  composed  of  two  or  more 
parts,  which  are  so  far  independent  of  each 
other,  as  to  be  susceptible  of  division  into 
several  questions,  and  it  is  supposed  that  the 
?5sembly  may  approve  of  some  but  not  of 
tU  these  parts,  it  is  a  compendious  mode  of 


i)IVlSION     OF     QUESTION.  6ii 

imeiidmeut,  to  divide  the  mot.on  inlo  separate 
questions,  to  be  separately  voted  upou  and 
decided  by  the  assembly.  Tliis  division  ma) 
lake  place  by  the,  order  of  the  assembly,  oi  a 
motion  regularly  made  and  seconded  for  the 
purpose. 

80.  When  a  motion  is  thus  divided,  it  be- 
comes a  series  of  questions,  to  be  considered 
and  treated  each  by  itself,  as  an  independent 
proposition,  in  the  order  in  which  they  stand ; 
and  when  they  have  all  been  gone  tlirough 
with  and  decided,  the  result  wDi  be  the  same, 
as  if  motions  to  amend  by  striking  out  the 
several  parts  had  been  made  and  put  to  the 
question.  When  a  motion  for  a  division  is 
made,  the  mover  ought  to  spec'fy  in  his  motion 
the  manner  in  wluch  he  propo'ses  to  make  the 
division  ;  and  this  motion,  lik^,  every  other  of 
the  nature  of  an  amendment,  is  itself  suscep 
tible  of  amendment. 

81.  It  is  sometimes  asserted,  that  it  is  the 
right  of  every  individual  member  to  have  a 
complicated  question  (provir^ed  it  is  susceptible 
of  division)  divided  into  itn  several  parts,  ana 
a  question  put  senarately  oa  each,  on  his  mere 
iemand,  and  without  opy  motion  or  any  vote 
yyf  the  assembly  for  i]^^  r^urpose.    But  this  is  a 


5b  PARLIAMENTARY     PRACTIC 

mistake  ;  i  here  is  no  such  rule  of  pr  iamentar} 
proceeding;  a  cDin plicated  questic  i  can  oiil} 
te  separated  by  moving  amendiiK  nts  to  it  irj 
the  usual  manner,  or  by  moving  (o  a  division 
of  it  in  the  maimer  above  stated. 

82  It  is  not  unusual,  however,  jr  a  delib- 
erative assembly  to  have  a  rule  pi  )viding  foi 
the  division  of  a  complicated  question  (pro- 
vided it  is  susceptible  of  divisio:  i)  into  its 
several  ])arts,  upon  the  demand  of  a  monber 
When  this  is  the  case,  it  is  for  th  :  presiding 
officer  (subject  of  course  to  the  rcMsionof  the 
assembly)  to  decide,  when  the  division  of  a 
motion  is  demanded,  first,  whethei  the  propo 
sition  is  suscepti])le  of  division,  and,  secondly, 
into  how  many  and  what  parts  it  may  be 
divided. 

83.  A  proposition,  in  order  to  be  divisil)le. 
must  comprehend  points  so  distinc'  and  entire, 
that  if  one  or  more  of  them  be  taken  away,  the 
others  may  stand  entire  and  by  themselves ; 
but  a  qualifying  paragraph,  as,  for  example,  an 
exception  or  a  proviso,  if  separated  from  the 
freneral  asserlion  or  statement  to  which  it 
tielongs,  does  not  contain  an  entjie  ]>oiDt  or 
pn)povition 


filling  blanks.  5^ 

Sect.  II.     Filling  Blanks. 

64.  It  often  happens,  tnat  a  proposition  i? 
ntrodiiced  with  blanks  purposely  left  by  the 
mover  to  be  filled  by  the  assembly,  either  with 
limes  and  numbers,  or  with  provisions  analcgoua 
*.o  those  of  the  proposition  itself  Li  the  kittei 
case,  blanks  are  filled  in  the  same  way,  tha 
other  amendments  by  the  insertion  of  words 
?tre  made.  In  the  former,  propositions  to  fill 
blanks  are  not  considered  as  amendments  to 
the  question,  but  as  original  motions,  to  be 
made  and  decided  before  the  principal  question. 

85.  When  a  blank  is  left  to  he  filled  wnih  a 
time  or  number,  motions  may  be  made  for  that 
purpose,  and  the  question  taken  on  each  by 
itself,  and  before  another  is  made ;  or  several 
motions  may  be  made  and  pending  before  any 
of  them  are  put  to  the  question.  This  last 
mode  of  proceeding,  which  is  the  most  usual 
as  well  as  convenient,  requires  that  the  several 
propositions  should  be  arranged,  and  the  ques- 
tion taken  on  them,  in  such  order  as  will  the 
soonest  and  with  the  most  certainty  enable  the 
assembly  to  come  to  an  agreement. 

86.  In  determining  upon  the  ord3r  to  be 
adopted,  the  object     <?  Pvii   '  bpi^ir   at  ihat  «x 


tfb  PARl.iAME.4TARY    PRACTICE. 

treme,  which  and  more  bemg  within  «verj 
man'i  wish,  no  one  can  vote  against  it,  and 
yet,  if  it  shonld  be  carried  in  the  affirmative-, 
every  question  for  more  would  be  prech.ided 
■)ut,  at  that  extreme,  which  will  be  likely  jc 
mite  the  fewest,  and  then  to  advance  oi 
recede,  until  a  number  or  time  is  reached, 
t/hich  will  unite  a  majority. 

87  Hence,  when  several  different  proposi- 
hons  are  made  for  filling  blanks  with  a  time 
or  number,  the  rule  is,  that  if  the  larger  com- 
prehends the  lesser,  as  in  a  question  to  what 
day  a  postponement  shall  take  place,  —  the 
number  of  which  a  committee  shall  consist,  -  • 
the  amount  of  a  fine  to  be  imposed,  —  the  term 
of  an  imjn-isonment,  —  the  term  of  irredeema- 
bility  of  a  loan,  —  or  the  ter'mi?tus  in  quein  in 
any  other  case,  the  question  must  begin  a 
maxwio,  and  be  first  taken  upon  the  greatest  or 
farthest,  and  so  on  to  the  least  or  nearest,  until 
the  assembly  comes  to  a  vote :  But,  if  tlie  lesser 
mcludes  the  greater,  as  in  questions  on  the 
imiitation  of  the  rate  of  interest,  —  on  the 
amount  of  a  tax,  —  on  what  day  the  session 
of  a  legislative  assembly  shall  be  closed,  by 
idjournment,  —  on  what  day  the  next  session 
ihall  commence,  —  or  the  terminus  a  quo  in 


.  ADDITION  SEPARATION.  59 

iny  other  case,  the  question  must  Degin  a 
minhno,  and  be  first  taken  on  tlie  least  oi 
nearest,  and  so  on  to  the  greatest  or  most  re 
Qiote,  until  the  assembly  comes  to  a  vote^. 

Seui.  IIL     Addition, —  Separation,— 
Transposition. 

8S.  When  the  matters  contained  in  twc 
separate  propositions  might  be  better  put  into 
one,  the  mode  of  proceeding  is,  to  reject  one 
of  them,  and  then  to  incor])orate  the  substance 
of  it  \vith  tlie  other  by  way  of  amendment.  A 
better  mode,  however,  if  the  business  of  the 
assembly  will  admit  of  its  being  adopted,  is  to 
refer  both  propositions  to  a  committee,  \Yi\\\  in 
stiiictions  to  incorporate  them  together  in  one 

89.  So,  on  the  other  hand,  if  the  matter  of 
one  proposition  would  be  more  ])roperly  dis- 
tributed mto  two,  any  part  of  it  may  be  stnick 
out  by  way  of  amendment,  and  put  into  the 


»  The  above  is  the  rule  as  laid  down  by  Mr.  Jefferson  (}  33),  and 
aoliis  where  it  is  not  superseded  by  a  special  rule,  which  is  geuer- 
aiiy  the  case  in  our  legislative  assemblies  ;  as,  for  example,  in  the 
lenate  of  the  United  States,  the  rule  is,  that  m  filling  blanks  the 
krgest  sum  and  longest  time  shall  be  first  put.  In  the  house  of 
sommo-is,  in  England,  the  rule  established  by  usage  is,  that  tha 
wnalle^  sum  and  the  longtst  time  shall  be  first  put 


60  PARLIAMENTARY    PRACTICE 

form  of  a  new  and  distinct  proposition  But 
ill  this,  as  in  the  former  case,  a  better  mode 
would  generally  be  to  refer  the  subject  to  a 
committee. 

90.  In  like  manner,  if  a  paragiaphor  section 
requires  to  be  transposed,  a  question  must  be 
put  on  striking  it  out  where  it  stands,  and 
another  for  inserting  it  in  the  place  desired. 

91.  The  numbers  prefixed  to  the  several 
sections,  i)aragra})hs,  or  resolutions,  which 
constitute  a  proposition,  are  merely  margmal 
indications,  and  no  part  of  the  text  of  the 
proposition  itself;  and,  if  necessary,  they  may 
De  altered  or  regulated  by  the  clerk,  without 
any  vote  or  order  of  the  assembly. 

Sect.  IV.     Modification   or  Amendment 
BY  THE  Mover. 

92.  The  mover  of  a  proposition  is  sometimes 
allowed  to  modify  it,  after  it  has  been  stated 
OS  a  question  by  the  presiding  officer ;  but,  as 
this  is  equivalent  to  a  withdrawal  of  the  mo 
tion,  in  order  to  substitute  another  in  its  place , 
anl,  since,  as  has  already  been  seen,  a  motio'ii 
legidarly  made,  seconded,  and  propo:>ed,  can- 
Dot  be  withdrd'Aii  without  leave:  it  is  clear 


AMENDMENTS.  61 

that  the  practice  alhidea  to  rests  only  upon 
general  consent;  and,  that,  if  objected  to,  the 
mover  of  ,a  proposition  must  obtain  the  per- 
mission of  the  assembly,  by  a  motion  and 
question  for  the  ])urpose,  in  order  to  enable 
him  to  modify  his  proposition. 

93.  So,  too,  when  an  amendment  has  been 
re^darly  moved  and  seconded,  it  is  sometimes 
the  practice  for  the  mover  of  the  proposition 
\o  which  it  relates  to  signify  his  consent  to  it 
and  for  the  amendment  to  be  thereupon  made, 
without  any  question  Ijeing  taken  upon  it  by 
the  assembly.  A^  this  proceeding,  however 
is  essentially  the  same  with  that  described  in 
the  preceding  paragi-aph,  it,  of  course,  rests 
upon  the  same  foundation,  and  is  subject  to 
the  same  rule.     [%  322.J 

6ycT.  V.     General  Rules  relating  to 
Amendments. 

94.  All  amendments,  of  wliich  a  proposition 
k»  susceptible,  so  far  as  form  is  concerned, 
may  be  effected  in  one  of  three  ways,  namely, 
either  by  inserting  or  adding  certain  words , 
3r  bv  striking  out  certain  words ;  or  by  striking 
o'"*t   certain  words,   and    inserting   oi    adding 


02  PARLIAMENTARY    PRACTICE 

Others.  Tliese  several  forms  of  amendn.ent 
are  subject  to  certain  general  rules,  which 
being  equally  appUcable  to  them  all,  require 
to  ])e  stated  beforehand. 

95.  First  Rule.  When  a  proposition  consists 
of  several  sections,  paragraphs,  or  resolutions, 
the  natural  order  of  considering  and  amending 
it  is  to  begin  at  the  beginning,  and  to  proceed 
through  it  in  course  ])y  paragraphs;  and  when 
a  latter  part  has  been  amended,  it  is  not  in 
order  to  recur  back,  and  make  any  alteration 
or  amendment  of  a  former  part. 

96.  Second  Rule.  Eveiy  amendment,  which 
can  be  proposed,  whether  by  striking  out,  or 
inserting,  or  striking  out  and  inserting,  is  itself 
susceptible  of  amendment ;  but  there  can  b« 
no  amendment  of  an  amendment  to  an  amend- 
ment ;  this  woidd  be  such  a  pihng  of  questions 
one  iipon  another,  as  would  lead  to  great  em- 
barrassment ;  and  as  the  line  must  be  drawn 
somewhere,  it  has  been  fixed  by  usage  after 
the  amendment  to  the  amendment.  The 
object,  which  is  proposed  to  be  effected  by 
inch  a  proceeding,  must  be  sought  by  rejecting 
the  amendment  to  the  amendment,  in  the  form 
in  which  it  is  proposed,  and  then  moving  it 
again  m  the  fonn  in  which  it  is  wished  to  be 


AMENDMENTS.  63 

tmended,  in  which  it  is  only  an  amendment 
to  an  amendment ;  and  in  order  to  accomplish 
this,  he  who  desires  to  amend  an  amendment 
should  give  notice,  that,  if  rejected  in  the 
form  in  which  it  is  presented,  he  shall  mov'e 
it  again  in  the  forni  in  wliich  he  desires  to 
have  it  adopted. 

97.  Tims,  if  a  proposition  consist  of  A  B, 
and  it  is  proposed  to  amend  by  inserting  C  D, 
it  may  be  moved  to  amend  the  amendment 
by  inserting  E  F;  but  it  cannot  be  moved 
to  ajnend  this  amendment,  as,  for  example,  by 
inseuting  G.  The  only  mode,  by  which  tliis 
can  be  reached,  is  to  reject  the  amendment  in 
the  form  in  which  it  is  presented,  namely,  to 
msert  E  F,  and  to  move  it  in  tlie  form  in 
which  it  is  desired  to  be  amended,  namely,  to 
insert  E  G  F. 

98.  Third  Rule.  AMiatever  is  agreed  to  by 
the  assembly,  on  a  vote,  either  adopting  or 
rejecting  a  proposed  amendment,  cannot  be 
afterwards  altered  or  amended. 

99.  Thus,  if  a  proposition  consist  of  A    B 
and  it  is  moved  to  insert  C ;  if  the  amendment 
prevail,  C  ':annot  be  afterv/ards  amended,  be 
cause    it  has  been   agi-eed  to    in  that  form 
and,  so,  if  it  is  moved  to  strike  out  B,  and  thn 

5 


64  PARLIAMENTARY    PRACTICE. 

amendment  is  rejected,  B  cannot  afterwards 
be  amended,  because  a  vote  against  striking  it 
out  is  equivalent  to  a  vote  agreeing  to  it  as  it 
stands. 

100.  Fourth  Rule.  WHiatever  is  disagreed  to 
jy  tlie  assembly,  on  a  vote,  cannot  be  after- 
wards moved  again.  Tliis  rule  is  the  converse 
of  the  precedmg,  and  may  be  illustrated  in  the 
same  manner. 

101.  Thus,  if  it  is  moved  to  amend  A  B  by 
inserting  C,  and  the  amendment  is  rejected, 
C  camiot  be  moved  again ;  or,  if  it  is  moved 
to  amend  .A  B  by  striking  out  B,  and  the 
amendment  prevails,  B  cannot  be  restored, 
because,  in  the  first  case,  C,  and,  in  the  othei. 
B,  have  been  disagi-eed  to  by  a  vote. 

102.  Fifth  Rule  The  inconsistency  or  in- 
compatibility of  a  proposed  amendment  with 
one  which  has  already  been  adopted,  is  a  fit 
ground  for  its  rejection  by  the  asseml^ly,  but 
not  for  the  suppression  of  it  by  the  presiding 
officer,  as  against  order ;  for,  if  questions  of 
(liis  nature  were  allowed  to  be  brought  witliin 
the  jurisdiction  of  the  presiding  officer,  as 
matters  of  order,  he  might  usurp  a  negative 
on  important  modifications  and  suppress  oj 
embarrass  instead  of  subserving  the  will  of 
the  assembly 


amendments.  63 

Sect.    VL     Amendments  by  striking   out 

103.  If  an  amendment  is  proposed  by  strik 
tng  out  a  particular  paragra})li  or  certain  words 
and  tlie  amendment  is  rejected,  it  cannot  bo 
again  moved  to  strike  out  tlie  same  words  oi 
a  p'art  of  them ;  l)ut  it  may  be  moved  to  strike 
out  the  same  words  with  others,  or  to  strike 
out  a  part  of  the  same  words  with  others,  pru 
voided  the  coherence  to  "he  struck  out  be  so 
substantial,  as  to  make  these,  in  fact,  different 
propositions  from  the  former. 

104.  Thus,  if  a  proposition  consist  of  A  B  C 
1^,  and  it  is  moved  to  strike  out  B  C ;  if  this 
amendment  is  rejected,  it  cannot  be  moved 
again;  but  it  may  be  moved  to  strike  out  A  B, 
or  A  B  C,  or  B  C  D  or  C  D. 

105.  If  an  amendment  by  strildng  out  is 
agreed  to,  it  cannot  be  aftervv^ards  moved  o 
insert  ll.e  same  words  struck  out  or  a  part  of 
them ;  but  it  may  be  moved  to  insert  the  same 
words  with  otliers.  or  a  jiart  of  the  same  words 
with  others,  provided  the  coherence  to  be 
inserted  make  these  propositions  substantially 
different  from  the  first. 

lOG.  Thus,  if  the  proposition  A  B  C  D  ii 
amended  by  striking  out  B   C,  it  cannot  b« 


66  PARLIAMENTARY      PRACTICE. 

nioved  to  insert  B  C  again ;  but  it  may  be 
moved  to  insert  B  C  with  other  words,  or  V 
with  others,  or  C  v/ith  others. 

107.  When  it  is  proposed  tc  amend  by 
stnking  ont  a  particular  paragrapli,  it  may  be 
moved  to  amend  tliis  amendment,  in  thieo 
diflerent  ways,  namely,  either  by  striking  out 
a  part  only  of  the  paragraph,  or  by  inserting 
or  adding  words,  or  by  striking  out  and  ic 
serting. 

108.  Thus,  if  it  is  moved  to  amend  tht 
proposition  A  B  C  D,  by  striking  out  B  C,  il 
may  be  moved  to  amend  this  amendment  by 
striking  out  B  only  or  C  only,  or  by  inserting 
E,  or  by  striking  out  B  or  C,  and  inserting  E. 

109.  In  the  case  of  a  proposed  amendment 
by  striking  out,  the  effect  of  voting  upon  it, 
whether  it  be  decided  in  the  affirmative  or 
negative,  according  to  the  third  and  fourth 
rules  above  mentioned,  renders  it  necessaiy  foi 
those  who  desire  to  retain  the  paragraph  to 
amend  it,  if  any  amendment  is  necessary 
before  the  vote  is  taken  on  striking  out;  as, 
si  str-ick  out,  it  cannot  be  restored,  and,  if 
/elaincd,  it   cannot  be  amended. 

110.  As  an  auiendnieut  mu^\  necessarily  be 
out  to  *he  question  before  the  principal  motion 


I 


AMENDMENTS.  67 

eyy  the  question  must  be  put  on  an  amend 
mtnt  to  an  amendment  before  it  is  put  on  the 
an.endmcnt;  biit,  as  this  is  the  extreme  limif 
to  wliich  motions  may  he  put  upon  ono 
aiiotlier,  there  can  he  no  precedence  of  onn 
over  another  among  amendments  to  ameiuf 
ments ;  and,  consequently,  they  can  only  be 
moved,  one  at  a  time,  or,  at  all  events,  must 
be  put  to  the  question  in  the  order  in  which 
they  are  moved. 

HI.  When  a  motion  for  striking  out  worda 
is  put  to  the  question,  the  parliamentary  form 
Ed  ways  is,  whether  the  words  shaU  stand  as  part 
of  the  principal  motion,  and  not  whether  tirey 
shall  be  struck  out.  The  reason  for  this  form 
of  stating  the  question  probably  is,  that  the 
question  may  be  taken  in  the  same  manner 
on  a  part  as  on  the  whole  of  the  principal 
motion;  Avhich  would  not  be  the  case,  if  the 
question  was  stated  on  striking  out;  inasmuch 
B^  the  question  on  the  principal  motion,  when 
it  comes  to  be  slated,  will  be  on  agreeing  to  it> 
aiul  not  on  striking  out  or  rejecting  it.  Be- 
sides, as  an  equal  division  of  the  assembl]f 
would  produce  a  different  decision  of  the  ques- 
"ion.  occofding  to  the  manner  of  stating  it,  ii 
flight  happen,  if  the  question  on  the  amend* 


68  PARLIAMENTARY    PRACIICE. 

mei.t  was  stated  on  striking  out,  that  the  same 
question  would  be  decided  botli  affinnativelv 
and  n^.gatively  by  the  same  vote*. 

112.  On  amotion  to  amend  by  strikmg  out 
certain  words,  the  manner  of  stating  tlie  (jues- 
lion  is,  first  to  read  the  passage  ]iroposed  to  he 
amended,  as  it  stands;  then  the  words  pro- 
[*osed  to  be  struck  out;  and,  lastly,  tlie  wliole 
passage  as  it  will  stand  if  the  amendment  ia 
adopted.     [%  323.] 

fjECT.     VII.       AxMENDMENTS    BY    INSERTING. 

113.  If  an  amendment  is  proposed  by  in 
serting  or  adding  a  paragraph  or  words,  and 
the  amendment  is  rejected,  it  cannot  be  moved 
dgain  to  insert  the  same  words  or  a  part  of 
them ;  but  it  may  be  moved  to  insert  the  same 
words  with  others,  or  a  part  of  tlie  same  words 
witli  others,  provided  the  coherence  really 
fiiake  them  diflerent  propositions. 

1 14.  Thus,  if  it  is  moved  to  amend  the  propo 
liiion  A  B  by  inserting  C  D,  and  the  amend 
nent  is  rejected,  C  D  cannot  be  again  moved. 

The  common,  if  not  the  only,  mode  of  stating  the  qiie«toa,iJ« 
t»e  legislative  astpm'^l'es  of  this  couulry,  is  on  striking  cut 


i 


AMENDMENTS.  Os» 

but  it  may  be  moved  to  insert  C  E.  oi  D  E   or 
CD  E. 

115.  If  it  is  proposed  to  amend  ])y  insert ing 
a  paragraph,  and  the  amendment  jv.evr.ils,  i 
cannot  be  afterwards  moved  to  strike  out  the 
same  words  or  a  part  of  them ;  but  it  may  i^e 
moved  to  strike  out  the  same  words  witli 
others  \  or  a  part  of  the  same  words  wiih 
others,  provided  the  colierence  be  snch  as  to 
make  these  projiositions  really  diiTeicnt  fiom 
ihe  first. 

116.  Thus,  if  in  the  example  ahnn'o  sup- 
posed, the  amendment  prevails,  and  C  D  iis 
ulserted,  it  cannot  be  aftenvards  moved  to 
strike  out  C  D,  Imt  it  may  be  moved  to  strkc 
out  A  C  or  A  C  D,  or  D  B,  or  C  D  B. 

J 17.  When  it  is  proposed  to  amend  by  in- 
serting a  paragraph,  this  amendment  may  be 
amended  in  three  different  ways,  namely, 
either  by  striking  out  a  part  of  the  paragraph ; 
or  by  inserting  something  into  it;  or  by  strik- 
ing o..t  and  inserting. 

118.  Thus,  if  it  is  proposed  to  amend  A  B 
by  insciling  C  D,   tliis  amendment    naay  be 

^  Thia  is  the  common  case  of  striking  out  %  paiagiaph,  «»»» 
teving  amended  il  Xy  inserting  words 


70  PARLIAMENTARY    PRACIU'li 

amende  J  either  by  striking  out  C  or  I),  or 
inserting  E,  or  by  striking  out  C  or  D  -aiid 
niserting  E. 

119.  Wlien  it  is  proposed  to  amend  by  lu 
gerting  a  paragraph,  those  who  are  in  favor  0/ 
ihc  amendment  should  amend  it,  if  necessai  y, 
before  the  question  is  taken  ;  because  if  it  is 
rejected,  it  cannot  be  moved  again,  and,  if 
received,  it  cannot  be  amended. 

120.  Tliere  is  no  precedence  of  one  ovei 
another  in  amendments  to  amendments  by 
aisertmg,  any  more  tlian  in  amendments  ti 
amendments  by  striking  out. 

121.  On  a  motion  to  amend  by  insertmg  a 
paragraph,  the  manner  of  stating  the  question 
is.  fu'st,  to  read  the  })assage  to  be  amended,  as> 
it  stands ;  then  the  words  proposed  to  be  m 
serted;  and,  lastly,  the  whole  passage  as  it 
will  stand  if  the  amendment  prevails. 

Sect.  VIII.     Amendments  by  STraKiNo  our 

AND     •NSERTING. 

122.  ^Tlie  third  form  of  amending  a  prepo- 
sition, namely,  by  striking  out  certain  woids 
and  inserting  others  in  their  place,  is,  in  fact. 
a  rombina'  ion  of  the  otlier  two  forms ;  and  may 


AMENDMENTS.  71 

accordingly  be  divided  into  those  two  tbrniSj 
either  by  a  vote  of  the  assembly,  or  on  tlie 
ilemand  of  a  member,  mider  a  special  rule  tc 
tAateilect^     [1l  323.] 

123.  If  the  motion  is  di\'ided,  the  qiiestiou 
is  fjjst  to  be  taken  on  striking  out ;  and  if  that 
ts  decided  in  the  affirmative,  then,  on  inserting: 
but  if  the  former  is  decided  in  the  negative, 
the  latvei  falls,  of  course.  On  a  division  the 
proceedings  are  the  same,  in  reference  to  each 
branch  of  tlie  question,  beginning  wdth  the 
stiiking  oiit,  as  if  each  branch  had  been 
moved  by  itself. 

124.  If  the  motiou  to  strike  out  and  insert 
is  put  to  the  question  undivided,  and  is  decided 
in  the  negative,  the  same  motion  cannot  be 
made  again ;  but,  it  may  be  moved  to  strike 
out  the  same  words,  and,  1,  insert  notliing; 
2,  insert  other  words ;  3,  insert  the  same  words 
»\nth  others ;  4,  insert  a  part  of  the  same  words 
vvath  others ;  5,  strike  out  the  same  words  with 
tfthers,  and  insert  the  same;  G,  stnke  out  a 


•  Mr.  JefTerson  (§  xxxv.)  says,  "  the  question,  if  desired,  is  then  \a 
te  di/.ded,"  ke.  ;  but,  as  he  makes  no  exception  of  a  motion  t« 
»«rike  o  Jt  and  insft.t,  when  treating  of  the  subject  of  division,  and 
ioei  not  here  state  it  as  an  exception,  he  undoulMedly  supposes  tlu 
I'vision  in  th:«  c&de  II  Vc  mad*  in  the  legular  and  usual  manner 


'J'4  PaRUAMENTARY     PKACTU-E. 

pa/(  of  the  s-dine  words  with  others,  and  insert 
the  same  ;  7,  strike  out  other  words  and  insert 
the  same;  and,  8,  insert  the  same  won:s 
wichoMi  striking  out  any  thmg. 

^i25.  If  the  motion  to  strike  out  and  insert  i$ 
decided  in  the  affirmative,  it  cannot  he  'Men 
moved  to  insert  the  words  struck  out  or  a  |>art 
of  them,  or  to  strike  out  the  words  inserted,  or 
a  part  of  them ;  but,  it  may  be  moved,  1 ,  to 
insert  the  same  words  with  others  ;  2,  to  insert  a 
part  of  the  same  words  with  others ;  3,  to  strike 
out  the  same  words  with  others;  or,  4,  to  strike 
out  a  part  of  the  same  words  witli  otliers. 

126.  When  it  is  proposed  to  amend  by 
striking  out  and  inserting,  this  amendmem 
may  be  amended  in  three  different  ways  in 
the  paragraph  proposed  to  l)e  struck  oi  t,  and 
also  in  the  paragraph  proposed  to  be  inserted, 
namely,  by  striking  out,  or  inserting,  or  striking 
out  and  inserting.  And  those  who  are  in  favo) 
of  either  paragraph  must  amend  it,  before  the 
question  is  taken,  for  the  reasons  already 
stated,  namely,  that,  if  decided  in  the  affirma- 
tive, the  part  stnick  out  cannot  ])e  restored 
nor  can  the  part  inserted  be  amended;  and,  l( 
dCiMdeu  in  ihe  negative,  the  part  proposed  tc 
be  slrn'V  nut  cannot  be  amended,  nor  can  th** 


AMENDMENTS.  7^ 

paragraph  proposed  to  be  inserted  be  moveo 
again. 

127.  On  a  motion  to  amend,  by  stril^ng  ont 
certain  words  and  inserting  others,  the  i.iaiuiei 
af  stating  the  question  is  f^ist  to  read  tlie  wliole 
passage  to  be  amended,  as  it  stands;  then  tlie 
words  proposed  to  be  struck  ont;  next  tliose  to 
be  inserted ;  and,  lastly,  the  whole  passage  as 
it  will  stand  when  amended. 

Sect.   IX      Amhnd.ments  changing  the 
N^iUKE   OF  A    Question. 

128.  The  Vtmi  amendment  is  in  strictness  ap 
phcable  only  to  those  changes  of  a  proposition, 
l>y  which  it  is  injproved,  that  is,  rendered  more 
effectual  for  the  purpose  which  it  has  in  view, 
or  made  to  express  more  clearly  and  definitely 
the  sense  which  it  is  intended  to  express 
Hence  it  seems  proper,  that  those  only  sliouJJ 
undertake  to  amend  a  proposition,  who  are 
friendly  to  it ;  but  this  is  by  no  means  the  rule  ; 
when  a  proposition  is  regidarly  moved  and 
seconded,  it  is  in  tlic  possession  of  the  assem 
bly,  and  cannot  be  withdrawn  but  by  its  loave 
It  lias  then  become  the  basis  of  the  future  pio 
ceedings  of  the  assembly,  and  ma\'  be  put  iaU 


74  PARLIAMENTARY     PRACTICE. 

any  shape,  and  turned  to  any  purpose,  thai  the 
assembly  may  think  proper. 

129.  It  is  consequenily  allowable  to  amend 
a  proposition  in  such  a  manner  as  entirely  to 
alter  its  nature,  and  to  make  it  bear  a  sense 
difierent  from  what  it  was  originally  intended 
to  bear ;  so  that  the  friends  of  it,  as  it  was  first 
introduced,  may  themselves  be  forced  to  vote 
against  it,  in  its  amended  form. 

130.  This  mode  of  proceeding  is  sometimes 
adopted  for  the  purpose  of  defeating  a  propci 
sition,  by  compelling  its  original  friends  tc 
unite  with  those  who  are  opposed  to  it,  in 
voting  for  its  rejection.  Thus,  in  the  British 
house  of  commons,  Jan.  29,  1765,  a  resolution 
being  moved,  "  That  a  general  warrant  foi 
apprehending  the  authors,  printers,  or  publish- 
ers of  a  libel,  together  with  their  papers,  is  not 
warranted  by  law,  and  is  an  high  violation  of 
the  liberty  of  the  subject : "  — it  was  moved  to 
amend  this  motion  by  prefixing  the  following 
paragraph,  namely :  "  That  in  the  })articular 
case  of  libels,  it  is  i)roper  and  necessary  to  fix, 
by  a  vote  of  tliis  house  only,  what  ought  to  be 
deemed  the  law  in  respect  of  general  warrants ; 
and,  for  that  purpose,  at  the  time  when  the 
determination  of  the  _egalitv  of  such  warrants 


AMENDMENTS.  74 

in  the  instance  of  a  most  seditious  and  treas- 
onable libel,  is  actualiy  depending  before  the 
courts  of  law,  for  this  house  to  declare  " —  tJicu 
a  ge^ieral  warrant  for  apprehending  the  authoi  s 
printers,  or  publishers  of  a  libel,  together  with 
thetr  papers,  is  not  warranted  by  lav),  ayid  is  an 
high  violation  of  the  liberty  of  the  subject.  The 
amendment  was  adopted,  after  a  long  debate, 
and  then  the  resolution  as  amended  was  im- 
mediately rejected  without  a  division^. 

131.  But  sometimes  the  nature  of  a  propo- 
sition is  changed  by  means  of  amendments, 
with  a  view  to  its  adoption  in  a  sense  the  very 
opposite  of  what  it  was  originally  intended  to 
bear.  The  following  is  a  striking  example  of 
this  mode  of  proceeding.  In  the  house  of 
commons,  April  10,  1744,  a  resolution  was 
moved,  declaring,  "  That  the  issujng  and 
paying  to  the  Duke  of  Aremberg  the  sum  of 
forty    thousand    pounds    sterling,    to    put    the 

•  This  mode  of  defeating  a  measure,  however,  is  not  alwas-s  suc- 
?essful.  In  17S0,  Mr.  Dunning  having  made  a  motion,  in  the  house 
of  commons,  "  that,  m  the  opinion  of  this  house,  the  influence  of  liw 
crown  has  increased,  is  increasing,  and  ought  to  be  dmiinished,'' 
Dundas,  lurd-advocate  of  Scotland,  in  order  to  defeat  the  motion, 
proposed  to  amend,  by  inserting,  after  the  words,  in  the  opinion  of 
this  house,  the  words,  it  w  now  necessary  to  declare  that,  ice  But  this 
amendment,  instead  of  imimidating  the  friendsofilie  original  mclioD 
irai  at  oi:ce  a  'opted  by  them,  and  the  resolution  passed  a^  (unended 


76  PARLIAMENTARY    PRACTICE. 

Austrian  troops  in  motion  in  tlie  year  1742, 
was  a  dangerous  misapplicalion  of  nublic 
money,  and  deslruclive  oi"  the  rights  of  parlia- 
ment." Tlie  object  of  this  resokilion  was  to 
censure  the  conduct  of  the  ministers;  and  the 
fi'iends  of  the  ministry,  being  in  a  majority, 
might  have  voted  directly  upon  the  motion  and 
rejected  it.  But  they  preferred  to  turn  it  into 
a  resolution  approving  of  the  conduct  of  rnin 
isters  on  the  occasion  referred  to ;  and  it  was 
accordingly  moved  to  amend,  by  leavirg  out 
the  words  "  a  dangerous  misapplication "  Sec 
to  the  end  of  the  motion,  and  inserting  instead 
thereof  the  words,  "  necessary  for  puttini"-  the 
said  troops  in  motion,  and  of  great  consequ'^nce 
to  the  common  cause."  The  amendment  b  ■'ing 
adopted,  it  was  resolved  (reversing  the  orig-nal 
proposition)  "  That  the  issuing  and  pa3^inp-  to 
the  Duke  of  Aremberg  the  sum  of  forty  thou- 
sand pounds,  to  })ut  tlie  Austrian  troops  in 
motion,  in  the  year  1742,  was  necessary  for 
putting  the  said  troops  in  motion,  and  of  gir.al 
consecpience  to  tlie  common  cause." 

132.  It  is  a  mode  of  defeating  a  propositioii. 
gcmewhat  similar  to  that  above  mentioned,  to 
carry  out  or  extend  the  princij^le  of  it,  by 
Dieans  oC  amendments,   so    as    to  show    the 


AMENDMENTS  77 

Inconvenience,  absurdity,  or  danger  of  its 
ado})tion,  with  such  evident  clearness,  that  it 
becomes  impossible  for  the  assembly  to  agree 
to  it.  Tims,  a  motion  having  l)een  made  in 
(lie  house  of  commons,  "  for  copies  of  all  tho 
letters  written  by  the  lords  of  the  admiralty  to 
a  certain  officer  in  the  navy,"  it  was  moved  to 
amend  the  motion  by  adding  these  words;  — 
"  which  letters  may  contain  orders,  or  be  rela- 
tive to  orders,  not  executed,  and  still  subsist- 
ing." This  amendment  being  adopted,  the 
motion  as  amended  was  unanimously  rejected 
133.  It  will  be  seen,  from  the  foregoing 
examjdes,  that  as  the  mover  of  a  proposition 
is  under  no  restriction  as  to  embracing  incon- 
gruous matters  under  the  same  motion;  so,  on 
the  other  hand,  the  assembly  may  engraft 
upon  a  motion,  by  way  of  amendment,  matter 
which  is  not  only  incongruous  with,  but  en- 
irely  opposed  to,  the  motion  as  originally 
introduced  ;  and,  in  legislative  assemblies,  it 
is  not  unusual  to  amend  a  bill  by  striking  out 
ah  after  the  enacting  clause,  and  inserting  an 
entirely  new  ])ill ;  or  to  amend  a  resolution  by 
striking  out  all  after  the  words  "  Resolved 
that,"  and  inserting  a  proposition  of  a  whoU) 
•lilferent  tenor      [^  324.1 


'8  PARLIAMENTARY    PRA  JTIC] 


CHAPTER   X. 

OF  THE  ORDER  AND  SUCCESSION  OF 
QUESTIONS. 

1?4  It  is  a  general  rule,  that,  when  a  propo* 
«ition  is  regularly  before  a  deliberative  assem- 
bly, for  its  consideration,  no  other  proposition 
or  motion  can  regularly  be  made  or  arise,  so 
as  to  take  the  place  of  the  former,  and  be  first 
acted  upon,  unless  it  be  either,  frst,  a  privileged 
question  ;  secondly,  a  subsidiary  question ;  or, 
thirdly,  an  incidental  question  or  motion. 

135.  All  these  motions  take  the  place  of  the 
principal  motion,  or  main  question,  as  it  i? 
fisually  called,  and  are  to  be  first  put  to  the 
question;  and,  among  themselves,  also,  there 
are  some,  which,  in  like  manner,  take  the 
place  of  nil  the  others.  Some  of  these  ques- 
tions merely  supersede  the  principal  question, 
unlil  they  have  been  decided;  and,  when 
vlecided,  whether  affirmatively  or  negatively, 
leave  that  question  as  before.  Others  of  them 
also  supersede  the  principal  question,  until 
they  are  decided ;  and,  when  decided  one  -way 
dispose  of  the  principal  question ;  but,  if  de 
t^ided   'he  other  wav.  lenve  it  as  before 


ADJOURNMExNT.  79 


Sect.  L     Privilege!    !^uestions. 

136.  Tliere  are  certain  motions  or  questions 
which,  on  account  of  the  superior  importance 
attributed  tc  tliem,  either  in  ccnscquence  of  a 
vote  of  the  assembly,  or  in  themselves  con 
sidered,  or  of  the  necessity  of  the  proceedinst 
to  which  they  lead,  are  entitled  to  take  the 
place  of  any  other  subject  or  proposition,  which 
may  then  be  under  consideration,  and  to  ba 
first  acted  upon  and  decided  by  the  assembly 
These  are  called  privileged  questions,  because 
ihey  are  entitled  to  precedence  over  othoi 
questions,  though  they  are  of  different  degrees 
among  themselves.  Questions  of  this  nature 
are  of  three  Idnds,  namely,  first,  motions  to 
adjourn  ;  secondly,  motions  or  questions  relating 
to  the  rights  and  privileges  of  the  assembly, 
or  of  its  members  individually;  and,  t}d.-dly, 
motior  ;  for  the  orders  of  the  day. 

Adjournmext. 
IS      A  motion  to  adjourn   takes   the  plac« 
nf  al.  i>lher  questions  whatsoever^ ;  for,  othei' 


'  It  is  commonly  said,  that  a  notion  to  adjourn  is  always  in  oid«r 
but  (his  ia  not  precisely  true      The  question  of  adjourm    .  i  «>   f 

6 


W)  PARLIAMENTARY    PRACTICE. 

wise,  tne  assembly  might  be  kept  sitting; 
against  its  will,  and  for  an  indefinite  time  ;  but, 
in  order  to  entitle  this  motion  to  precedence, 
it  must  be  simply  to  "  adjourn,"  without  tlio 
addition  of  any  ])articnlar  day  or  time.  Aiwi, 
as  Ihe  object  of  this  motion,  when  made  in  tho 
midst  of  some  other  proceeding,  and  with  ^ 
"view  to  supersede  a  question  already  proposed, 
is  s.mply  to  break  up  the  sitting,  it  does  not 
admit  of  any  amendment  by  the  addition  of  a 
particular  day,  or  in  any  other  manner  ;  though, 
if  a  motion  to  adjourn  is  made,  when  no  other 
business  is  before  the  assembly,  it  may  be 
amended  like  other  questions.     [^  32o.] 

138.  A  motion  to  adjourn  is  merely,  "  that 
this  assembly  do  now  adjourn ;"  and,  if  it  is 
earned  in  the  affirmative,  the  assembly  is 
adjourned  to  the  next  sitting  day;  unless  it 
has  previously  come  to  a  resolution,  that,  on 
rising,  it  will  adjourn  to  a  particular  day;  in 
which  case,  it  is  adjourned  to  that  day. 


indeed,  I  e  moved  repeatedly  on  the  same  dfiy;  yet,  m  strictnesp, 
noi  without  some  intermedinte  question  bema;  propositi,  al'ler  oii«j 
jioiion  to  adjourn  is  disposed  of,  and  hefore  the  next  molion  is  m&da 
for  ndjourninu:;  a-;,  for  example,  an  arnen«lment  to  a  pen.dmg  ques- 
tion, or  for  the  reading  of  some  paper.  The  reason  of  this  is,  that, 
tnti»  some  other  procecdiiisr  has  mtervened,  the  question  alieadf 
4et*ided  is  the  same  us  ihat  new'y  moved. 


139.  An  p.dj'mniment  without  day,  that  is 
prirhout  anytime  being  fixed  for  reassembling 
vv^ould,  in  the  ca^e  of  any  other  than  a  legi-^la 
Ove  assembly,  b3  equivalent  to  a  dissolution' 

140.  When  a  question  is  interrupted  by  an 
aidjournment,  before  any  vote  or  question  has 
been  taken  upon  it,  it  is  thereby  removed  from 
oefore  the  assembly,  and  will  not  stand  before 
It,  as  a  matter  of  course,  at  its  next  meeting, 
idut  must  be  brought  forward  in  the  usual  way 

Questions  of  Privilege. 
141  Tlie  questions,  next  in  relative  import 
ance,  and  which  supersede  all  others  for  the 
time  being,  except  that  of  adjournment,  are 
those  which  concern  the  rights  and  privileges 
of  the  ai^'mibly,  or  of  its  individual  members ; 
as,  for  rjrample,  when  the  proceedings  of  the 
^sserablv  are  disturbed  or  inten-upted,  whetner 
by  strangers  or  members ;  or  where  a  quarrel 
arises  between  two  members ;  and,  in  these 
cases,  the  matter  of  privilege  supersedes  the 
question  pending  at  the  time,  together  with  all 

I  It  is  quite  common,  when  the  business  of  a  deliberative  assera 

»!y  has  been  brought  to  a  cose,  to  adjourn  the  assembly  tcUkoiii 

day.    A  better  I'orm  's  to  dissolve  U  ;  as  an  adjouniraeni  without  day. 

i  we  regBrd  the  s*ymology  jf  the  word  adjourn,  .8  a  conir&^cOo» 

temife 


d'd  PARLIAl*ri5-i<--/<RY     rRA-:TH:E. 

subsidiary  and  incidental  ones,  and  must  ie 
first  disposed  of.  When  settled,  the  qnestior 
Lntermpted  by  it  is  to  be  resnnied,  at  the  \o\v 
where  it  was  suspended 

Orders  of  the  Day. 

14  2.  When  the  consideration  of  a  siibjec 
has  been  assiinied  for  a  particular  day,  by  ac 
order  of  the  assembly,  the  matter  so  assignea 
is  called  the  order  of  the  day  for  lliat  day.  If, 
m  the  course  of  business,  as  cojumonly  hap- 
pens in  legislative  assemblies,  there  are  severa.1 
subjects  assigned  for  the  same  day,  they  are 
called  the  orders  of  the  day. 

143.  A  question,  which  is  thus  made  the 
subject  of  an  order  for  its  consideration  on  a 
particular  day,  is  thereby  made  a  privileged 
question  for  that  day ;  the  order  being  a  repeal 
as  to  this  special  case,  of  the  general  rule  as 
to  business.  If,  therefore,  any  other  proposition 
(Avith  the  exception  of  the  two  preceding)  i« 
moved,  or  anses,  on  the  day  assigned  for  tlic. 
consideration  )f  a  particular  subject,  a  moliot 
for  the  o:der  of  the  day  will  supersede  thi 
question  first  made,  together  with  all  sabsidi 
ary  and  incidental  questions  connected  with 
it,  and  must  be  first  put  Rnd  decided ;  for  if  'b' 


OKDERS    OF    THE    DAT.  83 

d«bate  or  consideration  of  that  subject  -were 
allowed  to  proceed,  it  might  continue  throngl; 
the  day  and  thus  defeat  the  order. 

I'il.  But  this  motion,  to  entitle  it  to  prece 
dence,  must  be  for  the  orders  generally,  if  lliere 
is  more  tlian  one,  and  not  for  any  particulai 
one;  and,  if  decided  in  tlie  affirmative,  that  is. 
that  the  assembly  wnll  now  proceed  to  the 
orders  of  the  day,  they  must  then  be  read  and 
gone  through  with,  in  the  order  in  wliich  they 
stand.;  priority  of  order  being  considered  to 
give  priority  of  right. 

145.  If  the  consideration  of  a  subject  is 
assigned  for  a  particular  hour  on  the  day 
named,  a  motion  to  proceed  to  it  is  not  a 
privileged  motion,  imtil  that  hour  has  anived; 
but,  if  no  hour  is  fixed,  the  order  is  for  the 
entire  day  and  even,^  part  of  it. 

146,  Where  there  are  several  orders  of  the 
day,  and  one  of  them  is  fixed  for  a  particular 
hour,  if  the  orders  are  taken  up  before  that 
hour,  they  are  to  be  proceeded  \vith  as  the^ 
stand,  until  that  hour,  and  then  the  subject 
ussigned  for  that  hottr  is  the  next  in  order* 
out,  if  the  orders  are  taken  up  at  that  time  oi 
afterwards,  that  particular  subject  must  be 
©.msidered  as  the  first  in  order 


84  PARLlAx\IENTAR\     PRACTICE. 

147.  l£  the  motion  for  tie  orders  o(  the  day 
Im  decided  in  the  affirmative,  the  origiiiiil 
question  is  removed  from  before  the  assembly, 
jii  the  same  manner  as  if  it  had  been  inier- 
riipted  by  an  adjournment,  and  does  not  stand 
before  the  assembly,  as  a  matter  of  course,  at 
its  next  meeting,  but  must  be  renewed  in  the 
usual  way. 

148.  If  the  motion  is  decided  in  the  nega- 
tive, the  vote  of  the  assembly  is  a  discharge 
of  the  orders,  so  far  as  they  interfere  with  the 
consideration  of  the  subject  then  before  it,  and 
entitles  that  subject  to  be  first  disposed  of. 

149.  Orders  of  the  day,  unless  proceeded  in 
and  disposed  of  on  the  day  assigned,  fall,  of 
course,  and  must  be  renewed  for  some  other 
day.  It  may  be  provided,  however,  by  a 
special  rule,  as  in  the  legislative  assembhes 
of  Massachusetts,  that  the  orders  for  a  pai- 
ticular  day  shall  hold  for  every  succeeding 
day,  until  disposed  of. 

Sect.  II.     Incidental   Questions. 

15'V  Incidental  questions  are  such  as  anse 
yal  of  other  questions,  and  are  consequentijr 
to  b3  decided  before  the  qucs>tions  wliicli  give; 


ViUESTlONS    OF    ORDER.  ^ 

rise  to  theiu     Of  tliis  nature  ^tq, first,  questions 
of  order ;  second,  motions  for  the  reading  of 
papers,  «S.:c.;  third,  leave  to  witlidraw  a  motion 
fourth,  suspension  of  a  rule;  and,  y?/r/z,  amend- 
ment of  an  amendment. 

QcESTiONS  OF  Order. 

151.  It  is  the  duty  of  the  presiding  ofFicei 
of  a  dehberative  assembly,  to  enforce  the  rules 
and  orders  of  the  Ijody  over  which  he  presides, 
in  all  its  proceedings ;  and  this  without  ques- 
tion, debate,  or  delay,  in  all  cases,  in  which 
the  breach  of  ordgr,  or  the  departure  from 
rule,  is  manifest.  It  is  also  the  right  of  ever}' 
member,  taking  notice  of  the  breach  of  a  rule, 
to  insist  uj)on  the  enforcement  of  it  in  the 
same  manner. 

lo2.  But,  though  no  question  can  be  made, 
as  to  the  enforcement  of  the  rules,  when  there 
is  a  breach  or  manil^est  departure  from  them, 
so  long  as  any  member  insists  upon  their 
enforcement;  yet  questions  may  and  do  fre- 
quently arise,  as  to  the  fact  of  there  being  a 
breach  of  order,  or  a  violation  of  the  rules  in 
a  particular  proceeding;  and  these  questions 
must  be  decided  before  a  case  can  arise  foi 
the   eiifoi'^ement  cf  the  rules.      Questions  of 


fc6  PARLIAMENTARY     rllACTlCE 

this    kii.l     are     denominated     questions    ol 
order. 

153.  When  any  question  of  this  nature 
unses,  in  the  course  of  any  other  })rocceduig, 
it  necessarily  supersedes  the  further  consider- 
ation of  the  subject  out  of  whicli  it  arises, 
until  that  question  is  disposed  of;  then  the 
original  motion  or  proceeding  revives,  and 
resumes  its  former  position,  nnless  it  has  been 
itself  disposed  of  by  the  question  of  order. 

154.  When  a  question  of  order  is  raised,  as 
it  may  be  by  any  one  member,  it  is  not  stated 
from  the  chair,  and  decided  by  the  assembly, 
hke  other  questions ;  but  is  decided,  in  the 
first  instance,  by  the  presiding  officer,  without 
any  previous  debate  or  discussion  by  the 
assembly.  If  the  decision  of  the  presiding 
officei  is  not  satisfactory,  any  one  mendjei 
may  object  to  it,  and  have  the  question 
decided  by  the  assembly.  This  is  called 
aj)pealing  from  the  decision  of  the  chair. 
The  question  is  then  stated  by  the  presiding 
officer,  on  the  aj)j)eal,  namely:  shall  the  de- 
cision of  the  chair  stand  as  the  decision  of  the 
nssembly  ?  and  t  is  tliereupon  debated  and 
decided  by  the  assembly,  in  tlie  same  mannei 
as  any  other  question ;  except  that  the  presiding 


d 


READING    PAPERS.  87. 

rfficer  is  allowed  to  take  a  part  in  the  debate^ 
which,  on  ordinary  occasions,  he  is  prohibited 
fiom  doing.     [^'  32G.] 

Heading  Papeks. 

155.  It  is,  for  obvious  reasons,  a  general 
rule,  that,  where  papers  are  laid  before  a 
dehberative  assembly,  for  its  action,  every 
member  has  a  right  to  have  them  once  read 
at  the  table,  before  he  can  be  compelled  to 
vote  on  them;  and,  consequently,  when  the 
reading  of  any  paper,  relative  to  a  question 
before  the  assembly,  is  called  for  under  this 
mle,  no  question  need  be  made  as  to  the 
reading ;  the  paper  is  read  by  the  clerk,  undei 
the  direction  of  the  presiding  officer,  as  a 
matter  of  course. 

156.  But,  v/ith  the  exception  of  papers 
coming  under  this  rule,  it  is  not  the  right  of 
any  member  to  read  himself,  or  to  have  read, 
any  paper,  book,  or  document  whatever,  with- 
out the  leave  of  the  assembly,  upon  a  motiou 
made  and  a  question  put  for  the  purpose.  The 
delay  and  interruption,  which  would  othervviso 
ensue  from  reading  eveiy  paper  that  might 
be  called  for,  show  the  absolute  necessity 
of  restricting  the    rule  wilhin   the   narrowest 


86  PARLIAMENTARY     PRACTICE. 

possi)jle  limits,  consistently  \vi\h  permitting 
every  member  to  have  as  much  infoimation 
as  possible,  on  tiie  subjects  in  reference  to 
which  he  is  about  to  vote. 

l-'^"  When,  therefore,  a  member  desires 
lliat  any  ))aper,  book,  or  document,  on  the 
table,  whether  printed  or  written  (except  as 
above  mentioned)  should  be  read  for  his  own 
information,  or  that  of  the  assembly ;  oi 
desires  to  read  any  such  paper,  book,  oi 
docimient,  in  his  place,  in  the  course  of  a 
debate,  or  otherwise ;  or  even  to  read  his  own 
speech,  which  he  has  prepared  beforehand 
and  committed  to  writing;  in  all  these  cases, 
if  any  objection  is  made,  he  must  obtain  leave 
of  the  assembly,  for  the  reading,  by  a  motion 
and  vote  for  the  ])uri)ose 

1 58.  When  the  reading  of  a  paper  is  evi- 
dently for  information,  and  not  for  delay,  it  is 
the  usual  practice  for  the  presiding  officer  to 
adow  of  it,  unless  objection  is  made,  in  which 
case  leave  must  be  asked  ;  and  this  is  seldom 
refused,  where  there  is  no  intentional  oi 
^foss  abuse  of  the  time  and  patience  of  tlie 
issembly. 

159.  It  is  not  now  the  practice,  as  it  once 
vas.    in    legislative    assembbes.    to   read    al' 


WITHDRAWAL    OF    A    MOTION  8** 

papers  that  are  presented,  especiaUy  wtiSi 
they  are  referred  to  committees  immediately 
on  their  j.  resentation ;  though  the  right  of  ever> 
member  to  insist  upon  one  reading  is  still 
admitted.  It  would  be  impossible,  with  the 
amount  of  business  done  by  legislative  bodies 
at  the  present  day,  to  devote  much  of  tbei 
ume  to  the  reading  of  papers. 

160.  When,  in  the  course  of  a  debate  or  othei 
proceeding,  the  reading  of  a  paper  is  called 
for,  and  a  question  is  made  upon  it,  this  qtiestion 
is  incidental  to  the  former,  and  must  be  first 
decided. 

Withdrawal  of  a  Motion. 

161.  A  motion,  when  regularly  made,  sec- 
onded, and  proposed  from  the  chair,  is  then 
in  the  possession  of  the  assembly,  and  cannot 
be  withdra\\m  by  the  mover,  or  directly  dis 
posed  of  in  any  manner,  but  by  a  vote ;  hence 
if  the  mover  of  a  question  wishes  to  modify  it 
or  to  substitute  a  different  one  in  its  place,  he 
must  obtain  the  leave  of  the  assembly  for  that 
purpose  ;  which  leave  can  only  be  had,  it 
objection  is  made,  by  a  motion  and  question 
in  the  'isua.l  mode  of  proceeding.     [H  327.] 


••U  PARLIAMENTARY    PRACTICTE. 

162.  If  this  motion  is  decided  in  the  alfirm 
alive,  the  motion  to  which  it  re-ates  is  thereb) 
removed  from  before  the  assembly,  as  if  it 
had  never  be^n  moved ;  if  in  the  negaliv  e, 
tlir  business  proceeds  as  before. 

SCSPEXSION   OF  A  RcLE. 

i  Go.  When  any  contemplated  motion  or  pro- 
ceeding is  rendered  impracticable,  by  reasen 
of  the  existence  of  some  special  rule  by  whicii 
it  is  prohibited,  it  liajs  become  an  established 
practice  in  this  country,  to  susjjend  or  dispense 
With  the  rule,  for  the  pnrpose  of  admitting  the 
proceeding  or  motion  which  is  desired.  This 
can  only  be  done  by  a  motion  and  question; 
and,  where  this  course  is  taken  in  order  to  a 
mf»lion  having  reference  to  a  proposition  then 
under  consideration,  a  motion  to  suspend  the 
rule  supersedes  the  original  question  for  the 
time  being,  and  is  first  to  be  decided. 

164.  It  is  usual,  in  the  code  of  rules  adoj.ted 
by  deliberative  assemblies,  and  especially 
cgislative  bodies,  to  provide  that  a  certain 
raunber  exceeding  a  majority,  as  tu  j  diirds  oi 
three  fourths,  shall  be  competent  tj  me  sus- 
pensitn  of  a  rule  in  a  particular  ca  ♦';';  where 
Uiis   is   not  ])rovided,  there  seems    <jj   be  hj 


bUBSIDIARY    Ql  ESTIONS.  91 

Other  mode  of  suspending  or  dispensing  with 
a  rule  than  by  general  consent. 

AMKNDMENT    OF   AmKNDMEXTS. 

165.  In  treating  of  amendments,  it  has 
already  been  seen,  that  it  is  aHowab.  e  to 
amend  a  proposed  amendment;  and  that  tlie 
fuiestion  on  such  sub-amendment  must  neces- 
sarily be  put  and  decided  before  putting  the 
question  on  tlie  amen<biient.  The  former  is 
mcidental  to  the  laller,  and  supersedes  it  for 
tlie  time  being. 

Sect.  III.      Suds  [diary   Questions. 

166.  Subsidiaiy,  or  secondary,  questions  or 
motions,  as  has  already  been  stated,  are  those 
which  relate  to  a  principal  motion,  and  are 
made  use  of  to  enable  the  assembly  to  dispose 
of  it  ill  the  most  appropriate  manner.  These 
motions  have  the  effect  to  supersede,  and,  in 
some  cases,  when  decided  one  way,  to  dispose 
of,  the  i)rincipal  question.  They  are  also  of 
dilTerent  degrees  among  themselves,  and,  ac 
cording  to  their  several  natures,  supersede 
ind  sometimes  dispose  of,  one  another. 

107  The  subsidiar}^  motions  in  common  use 
ire  the  following,  .lamely  :  —  lie  on  the  table,— 


92  PAi.f>lAMEJ\TARY    PRACllCE. 

the  previous  question,  —  postponement,  either 
indefinite  or  to  a  day  certain,  —  commitment, 
—  and,  amendment. 

168.  It  is  a  general  rule,  with  certain  ex 
ccptions  which  will  V)e  immediately  mentioned. 
that  subsidiary  motions  cannot  be  applied  to 
one  another ;  as,  for  example,  suppose  a  motion 
to  post])oiic,  cummit,  or  amend  a  principal 
question,  it  cannot  l)e  moved  to  sup|  xcss  the 
motion  to  post[)one,  &c.,  by  putting  a  previous 
question  on  it;  or,  suppose  the  previous  ques- 
tion is  moved,  or  a  commitment,  or  amend- 
ment, of  a  main  question,  it  cannot  be  moved 
to  postpone  the  previous  question,  or  the 
motion  for  commitment  or  amendment.  The 
reasons  for  this  rule  are  :  1.  It  would  be  absurd 
to  separate  the  appendage  from  its  principal ; 
2.  It  would  be  a  piling  of  questions  one  on 
another,  which,  to  avoid  embarrassment,  is 
not  allowed;  and,  3.  The  same  result  may  be 
reached  more  simply  by  voting  against  the 
motion  which  it  is  attempted  to  dispose  of  by 
another  secondary  motion. 

169.  The  exceptions  to  the  rule  above 
stilted  are,  that  motions  to  postpone  (eithej 
to  a  day  certain  or  indefinitely),  to  commit 
M   to    amend,    a    principal      **rstion.    mav  bt 


LIE    ON    THE    TABLE  93 

amended  for  the  reason,  that  "the  usefu, 
character  of  amendment  gives  it  a  privilege  of 
attaching  itself  to  a  secondar}^  and  privileged 
motion  "  ;  that  is,  a  snbsidiary  motion  to  carrv 
out  and  improve  another  may  be  app.ied  10 
(jiat  other,  but  a  subsidiary  motion  to  dispose 
of  or  suppress  another  is  not  admissible. 
Hence,  the  subsidiary  motions  above  men- 
Moned  may  be  amended. 

170.  A  previous  question,  however,  cannot 
be  amended;  the  nature  of  it  not  admitting 
of  any  change.  Parliamentary  usage  has 
fixed  its  form  to  be,  shall  the  main  question 
be  now  put?  that  is,  at  this  instant ;  and,  as  the 
present  instant  is  but  one,  it  cannot  admit  of 
any  modification ;  and  to  change  it  to  the  next 
day  or  any  other  moment  is  without  example 
or  utility.  For  the  same  reasons,  also,  that 
the  form  of  it  is  fixed  by  parliamentary  usage, 
and  is  already  as  simple  as  it  can  be,  a  mo'loi 
to  he  on  the  table  cannot  b*».  amended. 

Lie  on  the  Table. 

171     Tliis    motion    is    usually   resorted   to, 

prhen  the  assembly  has  sometliing  else  before 

it,   wiiich   claims    its   present   attention,    and 

therefore  desires  to  lay  aside  a  propositio'i  ior 


94  PARLIAMENTARY    PRACTICE. 

a  short  but  indefinite  time,  resemng  to  itseli 
the  power  to  take  it  up  when  convenient 
Tliis  motion  takes  precedence  of  and  supei 
«edes  all  the  other  subsidiary  motions. 

172.  If  decided  in  the  alHrmative,  tlie  prin- 
cipal motion,  together  A\'ith  all  the  otiiei 
motions,  subsidiary  and  incidental,  connected 
vriih  it,  is  removed  from  before  the  assembly, 
until  it  is  again  taken  up ;  which  it  may  be, 
by  motion  and  vote,  at  any  time,  when  the 
assembly  pleases. 

173.  If  decided  in  the  negative,  the  business 
proceeds  in  the  same  manner  as  if  the  motion 
had  never  been  made. 

Previous  Question. 

174.  This  motion  has  already  been  describ- 
ed (63),  and  the  nature  and  effect  of  it  fully 
stated.  It  stands  in  an  equal  degi'ee  with 
all  the  other  subsidiary  motions,  except  the 
motion  to  lie  on  the  table;  and,  consequently 
if  first  moved,  is  not  subject  to  be  supersedecJ 
by  a  motion  to  postpone,  commit,  or  amend 

175.  If  the  previous  question  is  moved 
before  the  others  above  mentioned,  and  put 
to  the  question,  it  has  the  effect  to  prevent 
those  motions  from  beins  made  at  all :   for 


POSTPONEMKNT  Vd 

if  decided  affirmatively,  to  wit,  that  the  main 
question  shall  now  be  put,  it  would  of  course 
be  contrarv  to  the  decision  of  the  assembly, 
and  therefore  against  order,  to  postpone,  com- 
mit, or  amend ;  and  if  decided  negatively,  to 
wit,  that  the  main  question  shall  not  now  he 
put,  this  takes  the  main  question  out  of  the 
possession  of  the  assembly,  for  the  day,  so 
that  there  is  then  nothing  before  it  to  post- 
pone, commit,  or  amende 

POSTPOKEMEXT. 

17G.  Tlie  motion  to  postpone  is  either  m 
definite,  or  to  a  day  certain ;  and,  in  both  these 
forms,  may  be  amended ;  in  the  former,  by 
making  it  to  a  day  certain,  —  in  the  latter,  by 
substituting  one  day  for  another.  But,  in  the 
latter  case,  propositions  to  substitute  different 
days  for  that  originally  named,  bear  more  re- 
semblance to  propositions  for  fiJling  blanks, 
than  they  do  to  amendments,  and  should  be 
considered  and  treated  accordingly. 

'  In  the  house  of  representatives  of  Massaehusetts,  as  tne  effect 
?f  t  ncg-ilive  decision  of  the  pre\ious  question  ia  not  to  remove 
'bt  principal  question  from  before  the  house,  that  question  isstiU 
open  to  postponement,  commitment,  or  amendment,  no.wltbstand 
m  ncch  negative  decision 

7 


*ft  PARLIAMENTARY     PRACTICE. 

177.  If,  therefore,  a  motion  is  made  for  an 
indefinite  postponement,  it  may  be  moved  to 
amend  the  motion,  by  making  it  to  a  day 
ccitain.  If  any  other  day  is  desired,  it  may 
be  moved  as  an  amendment  to  the  amend- 
ment; or  it  may  be  moved  as  an  independent 
motion,  when  the  amendment  has  been  re 
lected. 

178.  If  a  motion  is  made  for  a  postponement 
JO  a  day  certain,  it  may  be  amended  by  the 
nibstitut  on  of  a  different  day;  but  in  this 
?ase,  ^  more  simple  and  effectual  mode  of 
proceeding  is  to  consider  the  day  as  a  blank, 
to  be  filled  in  the  usual  manner,  beginning 
v\Tth  the  longest  time. 

179.  This  motion  stands  in  the  same  degree 
with  motions  for  the  previous  question,  —  to 
commit,  —  and  to  amend,  and,  if  first  made, 
js  not  susceptible  of  being  superseded  by 
them. 

ISO.  If  a  motion  for  postponement  is  de- 
cided affirmatively,  the  proposition  to  which  it 
is  applied  is  removed  from  before  the  assem 
bly,  \\Tth  all  its  appendages  and  incidents,  and 
consequently  there  is  no  ground  for  either  of 
tlie  other  subsidiary'  motions:  if  decided  nega- 


COMMITMENT.  97 

fively,  that  the  proposition  shall  not  be  post- 
poneil,  that  question  may  llien  be  suppressed 
by  the  previous  question,  or  conuuitted,  oi 
emended. 

Commitment 

ISl  A  motion  to  commit,  or  recommi 
(wliich  is  the  term  used  when  the  proposition 
has  ah-eady  been  once  committed),  may  l)e 
ameiuled,  by  the  substitution  of  one  kind 
of  committee  for  anotlier,  or  by  enlarging 
or  diminishing  the  number  of  the  members 
of  the  committee,  a^  originally  proposed,  or 
bv  instructions  to  tlie  committee. 

152.  This  motion  stands  m  the  same  degree 
with  the  previous  question  and  postponement 
—  and,  if  fiist  made,  is  not  superseded  by 
them  —  but  it  takes  precedence  of  a  motion 
to  amend. 

153.  If  decided  aifirmatively,  the  jtrojiu 
siticn  is  removed  from  before  the  assembly , 
and,  consequently,  there  is  no  ground  for  the 
prc\^ous  (juestion,  or  for  post}>onement,  o. 
amendment;  if  negatively,  to  wit,  that  the 
p7ini'i]ial  (|uestion  shall  not  be  committed 
liiai  question  may  then  be  supjM-essed  b> 
tiie  i^revious  question,  or  postponed,  or 
amended 


w  paaliamejmtar  actjck 

Amendment. 

184.  A  motion  to  amend,  as  has  l)eeii*^een. 
may  be  itself  amended.  It  stands  in  tlie 
same  degree  only  with  the  previous  ciueslioii 
and  indefinite  postponement,  and  neither,  if 
first  moved,  is  superseded  l>y  the  otiier. 

185.  But  this  motion  is  lia1)]e  to  be  su|,ei- 
seded  by  a  motion  to  postpone  to  a  dav 
certain;  so  that  amendnienl  and  ]x>stpoiic 
raent  competing,  the  latter  is  to  be  first  put 
The  reason  is,  that  a  question  tor  amendment 
is  not  suppressed  by  postponing  or  adjourning 
the  principal  qnestion,  but  remains  l)erore 
the  assembly,  whenever  the  main  qnestion 
is  resumed ;  for  otherwise,  it  might  happen, 
that  the  occasion  for  other  nrgent  business 
might  go  by  and  be  lost  by  length  of  debate 
on  the  amendment,  if  the  assembly  had  no 
power  to  postpone  the  whole  snbject. 

186    A  motion  to  amend  may  also  be  super 
seded  by   a  motion   to  commit;    so  that  the 
latter,  though   subsequently  moved,  is  to  be 
first  put ;  becatise,  "  in  truth,  it  facilitates  and 
betnends  the  motion  to  amend." 

187.  The  effect  of  both  a  negative  anJ 
an  afbn^i'^^v*'  do<M'Ju->YT  of  amendments  hag 
already  been  considered  (94  to  127) 


OKDER  BUSINESS  99 

CHAPTER    XI. 

OF  THE   ORDER  OF  PROCEEDING. 

18S.  AMieii  several  suLjecls  are  before  tiie 
assembly,  that  is,  on  ilieir  table  for  consider 
a. ion  (for  there  can  be  but  a  single  subject 
under  consideration  at  tlie  same  time),  and 
no  priority  has  been  given  to  any  one  over 
another,  the  presiding  officer  is  not  previsely 
bound  to  any  order,  as  to  wliat  matters  shall 
be  fh-st  taken  np ;  but  is  left  to  liib  own  dis- 
cretion, unless  the  asseml)ly  on  a  question 
decide  to  take  up  a  particidar  suDject. 

159.  A  settled  order  of  business,  however, 
where  the  proceedings  of  an  assembly  are 
likely  to  last  a  considerable  time,  and  the 
matters  before  it  are  somewhat  numerous,  is 
useful  if  not  necessary  for  the  government  of 
the  })residing  officer,  and  to  restrain  individual 
members  from  calling  up  favorite  meastires, 
or  matters  tiiider  then*  special  charge,  out  of 
their  just  time.  It  is  also  desirable,  for  direct- 
ing the  discretion  of  the  assembly,  wlieu  a 
motion  is  made  to  take  up  a  particulaj  matter, 
to  the  prejudice  of  ethers,  which  aie  uf  right 


100  PARLIAMENTARY    PKaCI.CK. 

Entitled  to  be  first  attended  to,  in  the  ^^cneitii 
order  of  business, 

190.  The  order  of  business  maybe  cstab' 
'ished  in  virtue  of  some  general  rule,  or  by 
sj)eciid  orders  relating  to  each  partiL'ular  sub- 
ject and  must,  of  course,  necessarily  depend 
upon  the  nature  and  amomit  of  the  malteis 
before  the  assemlily. 

191.  The  natural  order,  in  considering  and 
amending  any  paper,  wliicii  consists  of  several 
distinct  })ropositions,  is,  to  begin  at  the  begin- 
ning, and  {)roceed  through  it  by  paragraphs ; 
and  this  order  of  proceeding,  if  strictly  adhered 
lo,  as  it  should  always  be  in  numerous  asseni- 
bhes,  would  prevent  any  ainemlment  in  a 
former  part,  from  beuig  admissible,  after  a 
latter  part  hatl  been  amended ;  but  this  rule 
does  not  seem  to  ])e  so  essential  to  be  obsei'ved 
in  smaller  bodies,  in  which  it  may  often  be 
advanf.ageous  to  allow  of  going  from  one  part 
of  a  paper  to  another,  for  the  purp(»se  of 
amendments. 

192.  To  this  natural  order  of  beginning  a: 
the  beginning,  there  is  one  exception  accord- 
ing to  parliamentary  usage,  where  a  resolution 
M  series  of  resolutions,  or  other  paj  er,  has  a 
Dreambie  or  title ;  in  which  case,  the  preamble 


ORDER    Ok'    BUSINESS.  IQ' 

01  title  is  postponed,  until  the  residue  of  iht 
paper  is  gone  through  with. 

193.  In  considering  a  proposition  consisling 
of  several  paragra})hs,  the  course  is,  for  the 
wliole  paper  to  be  read  entirely  tlirough,  in 
tlie  tii-st  place,  by  the  clerk  •  then,  a  second 
time,  by  the  presiding  officer,  by  pai-agra[)hs  ; 
pausing  at  the  end  of  each,  and  putting 
questions  for  amendhig,  if  amendments  are 
proposed ;  and,  when  the  whole  paper  has 
been  gone  through  with,  in  tliis  manner,  the 
presiding  officer  puts  the  final  question  on 
agreeing  to  or  adopting  the  whole  paper,  as 
amended,  or  unamended. 

194.  When  a  paper,  which  has  been  refer- 
red to  a  committee,  and  reported  back  to  the 
assemljly,  is  taken  up  for  consideration,  the 
amendments  only  are  first  read,  in  course,  b> 
the  clerk.  The  presiding  officer  then  readi^ 
the  first,  and  puts  it  to  the  question,  and  s^ 
on  until  the  whole  are  adopted  or  rejecter^, 
before  any  other  amendment  is  admitted,  with 
the  exception  of  an  amendment  to  an  amend 
ment  When  the  amendments  reported  b} 
the  committee  have  been  thus  disposed  of 
the  presiding  officer  pauses,  and  gives  time  foi 
amendments  to  be  proposed  in  the  asserubl) 


iOV  PARLIAMENTARY    PRACTICE. 

to  the  body  of  the  paper  (which  he  also 
does,  if  tlie  paper  has  been  reported  wH.hcut 
amendments,  })utting  no  questions  but  on 
amendments  proposed)  ;  and  when  thi  )ugii 
the  whole,  he  puts  the  question  on  agreeing 
to  or  adopting  tlie  paper,  as  the  resohition, 
order,  &c.,  of  the  assembly. 

195.  The  final  question  is  sometimes  stated 
merely  on  the  accejUance  of  the  report,  but  a 
better  form  is  on  agreeing  with  the  committee 
in  the  resolution,  order,  or  whatever  else  the 
conclusion  of  the  report  may  be,  as  amended 
or  without  amendment;  and  the  resolution  or 
order  is  then  to  be  entered  in  the  journal  as 
the  resolution,  &c.,  of  the  assembly,  and  not 
as  the  report  of  the  committee  accepted. 

19G.  When  the  paper  referred  to  a  commit- 
tee is  re})orted  back,  as  amended,  in  a  new 
draft  (which  may  be  and  often  is  done,  where 
the  amendments  are  nimierous  and  compara- 
tively imimportant),  the  new  draft  is  to  be 
ecnsidered  as  an  amendment,  and  is  to  be 
first  amended,  if  necessary,  and  then  put  to 
the  question  as  an  amendment  reported  by 
the  committee ;  or,  the  course  may  be,  fijst 
to  accept  the  new  draft,  as  a  substitute  for 
the  original  paper,  and  then  to  treat  it  as  sucli 


ORDER    OF    BUSINESS.  103 

197.  It  often  happens,  that,  besides  a 
principal  question,  there  are  several  others 
conuected  with  it,  pending  at  the  same  time, 
which  are  to  be  taken  in  their  order ;  as,  foi 
example,  suppose,  Jirst,  a  principal  motion  ; 
letond,  a  motion  to  amend;  tidrd,  a  motion  to 
commit ;  fourth,  the  preceding  motions  being 
pending,  a  question  of  order  arises  in  the 
debate,  wluch  gives  occ3.sioii,  ffth,  to  a  ques- 
tion of  privilege,  and  this  leads,  sixth,  to  a 
subsidiary  motion,  as,  to  he  on  the  table. 
The  regular  course  of  proceeding  requires  the 
motion  to  lie  on  the  table  to  be  first  put ;  if 
this  is  negatived,  the  question  of  privilege  is 
then  settled ;  after  that  comes  the  question 
of  order ;  then  the  question  of  commitment ; 
if  that  is  negatived,  the  question  of  amend- 
ment is  taken ;  and,  lastly,  the  main  question. 
This  example  will  sufficiently  illustrate  the 
manner  in  which  questions  may  grow  out  of 
one  another,  and  in  what  order  they  are  to  be 
decided  ^ 

108.  AMien  a  motion  is  made  and  seconded, 
it  is  the  duty  of  the  presiding  officer  to  propose 


'  The  order  of  mations,  for  the  disposal  of  any  qucsu  )n  i3  u«uaii3 
lied  by  a  specia!  rule,  ui  legfislative  aKsembhes  See  ivite  to  para 
^raph  61. 


104  PAKLIAMENTARY     PRACTICE. 

it  to  tlio  assembly ;  until  this  is  clone,  it  is  nof 
a  question  before  the  assembly,  to  be  a3te(i 
Vij)on  or  considered  in  any  manner;  and  con 
seqnenily  il  is  not  then  in  order  for  an\ 
member  to  rise  either  to  debate  it,  or  to  make 
ftny  motion  in  relation  to  it  whatever. 

199.  It  IS  therefore  a  most  unparliamentary 
and  abusive  proceeding  to  allow  a  principal 
motion  and  a  subsidiary  one  relating  to  it  to 
be  j)roposed  and  stated  together,  and  tj  be 
put  to  the  q  lestion  in  their  order;  as  is  done 
when  a  member  moves  a  principal  question, 
a  resolution,  for  example,  and,  at  the  same 
time,  the  previous  question,  or  that  the  reso- 
lution lie  on  the  table.  Jn  such  a  case,  the 
presiding  officer  should  take  no  notice  what- 
ever of  the  subsidiary  motion,  but  should 
propose  the  principal  one  by  itself  in  the  usual 
manner,  before  allowing  any  other  to  be  made 
Other  members,  then,  would  not  be  dcprive<l 
of  their  rights  of  debate,  &c.,  in  relation  to  the 
subject  moved 

200.  When  a  member  has  obtained  the 
floor,  he  cannot  be  cut  off  from  addressing  thf 
assembly,  on  the  question  before  it;  nor,  whei 
S})f  aking,  can  he  be  interrupted  in  his  si)eech 
bv  anv  other   member  risin^^   and   moving  ar 


OKDEIC    OF    BUSINESS  >^3 

adjourn ment,  or  for  the  orders  of  the  day,  oi 
by  making  any  otlier  privileged  motion  of  the 
same  kind;  it  being  a  general  rule,  that  a 
member  in  possession  of  the  floor,  or  proceed- 
ing w-ith  his  speech,  cannot  be  taken  down  oi 
mterrnpted,  but  by  a  call  to  order;  and  the 
question  of  order  being  deciaed,  he  is  still  to 
be  lieard  through.  A  call  for  an  adjourn- 
ment, or  for  the  orders  of  the  day,  or  for  the 
question,  by  gentlemen  in  their  seats,  is  not  a 
motion;  as  no  motion  can  be  made,  withoul 
rising  and  addressing  the  chair,  and  being 
called  to  by  the  presiding  officer.  Such  call? 
for  the  question  are  themselves  breaches  of 
order,  which,  though  the  member  who  has 
risen  may  respect  them,  as  an  expiission  of 
the  impatience  of  the  assembly  lX  furthei 
debate,  do  not  prevent  hira  from  ^  xPg  ou  ii 
he  pleases,     [f  328.1 


106  PARLIAMENTARY    PRACTICE 


CHAPTER   XII. 

OF  ORDER  IN  DEBATE. 

201.  Debate  in  a  deliberative  asiemblj 
must  be  distinguished  from  forensic  debate, 
or  that  wliidi  takes  place  before  a  judicia. 
ti-ibiinal;  the  former  being,  in  theory,  at  least, 
more  the  expression  of  individual  opinions 
among  the  members  of  the  same  body ;  the 
latter  more  a  contest  for  victory,  between  the 
disputants,  before  a  distinct  and  independent 
body;  the  former  not  admitting  of  replies  ;  the 
latter  regarding  reply  as  the  right  of  one  of 
the  parties'. 

202.  It  is  a  general  rule,  in  all  deliberative 
assemblies,  that  the  presiding  ollicer  shall  not 
participate  in  the  debate,  or  other  proceedings, 
in  any  other  capacity  than  as  such  ofiicer 
He  is  only  allowed,  therefore,  to  state  matters 

'  >Ji  excepiion  lo  tliis  rule  is  sometimes  made  in  favor  of  the 
fy^ei  of  a  question,  who  is  allowed,  at  the  dose  of  the  debate,  to 
«p  y  to  the  arsiruiTienis  brought  against  his  mo«"  in ;  but  this  ib  a 
kftttcr  of  fa«  jr  an '  indulgeucCj  and  not  of  right. 


MANNER     jr    B        AKINO  107 

rt  fact  within  his  knowledge ;  to  inform  the 
assembly  on  points  of  order  or  the  conrse  of 
proceeding,  when  called  upon  for  that  purpose, 
or  when  he  finds  it  necessar}^  to  do  so ;  and, 
on  appeals  from  liis  decision  on  questions  cf 
order,  to  address  the  assembly  in  debate. 

Sect.  I.     As  to  the  Manner  of  speaking. 

203.  \\lien  a  member  desires  to  address 
the  assembly,  on  any  subject  before  it  (as 
well  as  to  make  a  motion),  he  is  to  rise  and 
stand  up  in  his  place,  uncovered,  and  to 
address  himself  not  to  the  assembly,  or  any 
particular  member,  but  to  the  presiding  officer, 
who,  on  hearing  him,  calls  to  him  by  his  name, 
that  the  assembly  may  take  notice  who  it  i? 
that  speaks,  and  give  their  attention  accord- 
ingly. If  any  question  arises,  as  to  who  shall 
be  entitled  to  the  floor,  where  several  mem- 
bers rise  at  or  nearly  at  the  same  time,  it  is 
decided  in  the  manner  already  described  (-4  6), 
as  to  obtaining  the  floor  to  make  a  motion. 

20-i.  It  is  customary,  indeed,  for  tlie  pre- 
siding officer,  after  a  motior.  has  been  made 
Beconded,  and  proposed,  to  give   the   floor  to 


108       PARLIAMENTARY  PRACTICE. 

the  mover*,  in  preference  to  others,  if  he  rtses 
to  speak ;  or,  on  resuming  a  debate,  after  aD 
adjournment,  to  give  the  floor,  if  he  desires  it, 
to  the  mover  of  the  adjournment,  in  preference 
to  other  inemDers  ;  or,  where  two  or  more 
members  claim  the  floor,  to  prefer  him  wlio 
is  op])osed  to  tlu^  measure  in  question,  but, 
in  all  these  eases,  the  determination  of  the 
presiding  officer  may  be  overruled  by  the 
assembly. 

205.  It  is  sometimes  thought,  that,  when 
a  member,  in  the  course  of  debate,  breaks  off 
his  speech,  and  gives  up  the  floor  to  anothei 
for  a  particular  purpose,  he  is  entitled  to  it 
again,  as  of  right,  when  that  purpose  is 
accomplished;  but,  though  this  is  generally 
conceded,  yet,  when  a  member  gives  up  the 
floor  for  one  purpose,  he  does  so  for  all;  a'ut 
it  is  not  possible  for  the  presiding  officer  to 
take  notice  of  and  enforce  agreements  of  this 
aature  between  members. 

206.  No  person,  in  speaking,  is   to  mention 


•  Sometimes  a  member,  instead  of  proposing  his  motion,  at  first, 
proceeds  with  his  speech;  but,  in  such  a  case,  he  is  liai)le  to  be 
taken  down  to  order,  unless  he  state."  that  he  intends  to  cc.ic  UQo 
with  a  motion,  and  informs  the  assembly  what  that  motion  i«,  ani 
fihei)  he  may  ')e  allowed  to  truceed. 


MANNER    OF    SPEAKING.  109 

a  member  then  present  by  his  name ;  but  to 
describe  him  by  his  seat  in  the  assembly,  oi 
as  the  member  who  spoke  last,  or  last  but  one, 
or  on  the  other  side  of  'the  queslicn,  or  by 
seme  other  ecjuivalent  expression.  The  luir- 
pose  of  this  rule  is  to  gitard  as  much  as 
possible  against  the  excitement  of  all  personal 
feeling,  either  of  favor  or  of  hostility,  by  sepa- 
rating, as  it  were,  the  official  from  the  pcrsonaa 
chamcter  of  each  member,  and  having  regard 
to  the  former  only  in  the  debate. 

207.  If  the  presiding  officer  rises  up  to 
speak,  any  other  member,  who  may  havo 
risen  for  the  same  purpose,  ought  to  sit  down, 
in  order  that  the  former  may  be  first  heard ; 
but  this  rule  does  not  authorize  the  presiding 
officer  to  interrupt  a  member,  whilst  speaking, 
or  to  cut  off  one  to  whom  he  has  given  the 
floor ;  he  must  wait  hke  other  m.embers,  until 
such  member  has  done  speaking.     [IF  329.] 

208.  A  member,  wliilst  speaking,  must  re 
main  standing  in  his  place,  uncovered;  and, 
jvhen  he  has  finished  his  speech,  he  ought  to 
resume  his  seat ;  but  if  unable  to  stand  without 
pain  or  inconvenience,  in  consequence  of  age, 
sickness,  or  other  infirmity,  he  may  be  in- 
dulged to  speak  sitting. 


a  10  PARLIAMENTARY    PRACTICE. 


Sect.  II.     As  to  the  Matter  in  speakino. 

209  Every  question,  that  can  be  made  in  a 
deliberative  assembly,  is  susceptible  of  being 
debated  ^ ,  according  to  its  nature ;  that  is, 
every  member  has  the  right  of  expressing  liis 
opinion  upon  it  Hence,  it  is  a  general  rule, 
anl  the  principal  one  relating  to  this  matter, 
that,  in  debate,  those  who  speak  are  to  confine 
themselves  to  the  question,  and  not  to  speak 
impel tinently,  or  beside  the  subject.  So  long 
as  a  member  has  the  floor,  and  keeps  within 
the  nile,  he  may  speak  for  as  long  a  time  ag 
he  pleases ;  thougli,  if  an  uninteresting  speaker 
trespasses  too  much  upon  the  time  and  pa- 
tience of  the  assembly,  the  members  seldom 
fail  to  show  their  dissatisfaction,  in  some  way 
or  other,  which  induces  him  to  bring  his  re- 
marks to  a  close.     [%  330.] 

210,  It  is  also  a  mle,  that  no  person,  in 
speaking,  is  to  use  indecent  language  against 
the  proceedings  of  the  assembly,  or  to  reflect 
upon  any  of  its  prior  determinations,  unless 
he    means   to    conclude   his   remarks  with   a 

'  In  legislative  bodies,  it  is  usual  to  provide,  iliat  certaia  questions, 
&»,  for  example,  lo  adjourn,  to  lie  on  the  table,  for  the  preWous  que» 
ticn,  or,  as  lo  the  order  of  business,  shall  be  decided  without  debate 


MATTER    IN    SPEAKING.  Ill 

amotion  to  rescind  such  determinalion ,  but 
while  a  proposition  under  consideration  is  still 
pending,  and  not  adopted,  though  it  may  have 
been  reported  by  a  committee,  reflections  on 
it  are  no  reflections  on  the  assembly.  The 
rule  apphes  ecpially  to  the  proceedings  of 
committees ;  which  are,  indeed,  the  proceed- 
ings of  the  assembly. 

211.  Another  rule  in  speaking  is,  that  no 
member  is  at  hberty  to  digress  from  the  mattei 
of  the  question,  to  fall  upon  the  })erson  of 
another,  and  to  speak  reviling,  nii^piug,  or 
mnnannerly  words  of  or  to  him.  The  nature 
or  consecjuences  of  a  measure  may  be  repro- 
bated in  strong  terms ;  but  to  arraign  the 
motives  of  those  who  advocate  it,  is  a  person- 
ality and  against  order. 

212.  It  is  very  often  an  extremely  diflicult 
and  dehcate  matter  to  decide  whether  the 
remarks  of  a  member  are  pertinent  or  rele- 
vant to  the  question;  but  it  will,  in  general, 
be  safe  for  the  presiding  officer  to  considei 
them  so,  miless  they  very  clearly  reflect,  in  an 
Improper  manner,  either  upon  the  person  oj 
motives  3f  a  member,  or  upon  the  proceedings 
of  the  assembly;  or  the  merr.ber  speaking 
digresses  from  or  m-inifestly  mistakes  the 
question  8 


11^  PARLIAMENTARY    PRACTICB. 

213.  U  often  happens  in  the  consideration 
of  a  subject,  that,  whilst  the  general  question 
remains  the  same,  the  particuhir  qucsiion 
before  the  assembly  is  constantly  chaniring 
thus,  while,  for  example,  the  general  question 
is  on  the  adoption  of  a  series  of  resolutions, 
the  paiiicular  question  may,  at  one  moment, 
be  on  an  amendment;  at  another  on  postpone- 
ment; and,  again,  on  the  previous  question. 
Li  all  these  cases,  the  particular  question 
supersedes,  for  the  time,  the  main  question; 
and  those  who  speak  to  it  must  confine  their 
remarks  accordingly.  The  enforcement  *of 
order,  in  this  respect,  requires  the  closest 
attention  on  the  })art  of  the  presiding 
officer.     [IF  331.] 

214.  When  a  member  is  internipted  by 
the  presiding  officer,  or  called  to  order  by  a 
member,  for  irrelevancy  or  departing  from  the 
question,  a  question  may  be  made  as  to 
whether  he  shall  be  allowed  to  proceed  in 
his  remarks,  in  the  manner  he  was  speaking 
when  he  was  interrupted ;  but,  if  no  question 
is  made,  or  if  one  is  made  and  decided  in  the 
negative,  he  is  still  to  be  allowed  to  proceed 
in  order,  that  is,  aband)ning  the  objectionable 
W)urse  of  remark. 


TJMEs    OF    SPEAKING.  11^5 

Sect.  III.     As  to   Times   of  steak  ng. 

215.  The  general  nile,  in  all  deliberative 
assemblies,  unless  it  is  otherwise  speciaLy 
piovided,  is,  that  no  member  shall  speak  more 
than  once  to  the  sanie  question^;  although  the 
debate  on  that  question  may  be  adjourneo 
and  continued  through  several  days ;  and 
although  a  member,  who  desires  to  speak  a 
second  time,  has,  in  the  course  of  the  debate, 
changed  his  opinion. 

216.  This  rule  refers  to  the  same  question 
technically  considered;  for,  if  a  resolution  is 
moved  and  debated,  and  then  referred  to  a 
committee,  those  who  s})eak  on  the  introduc- 
tion of  the  motion  may  speak  again  on  the 
question  presented  by  the  report  of  the  com- 
mittee, though  it  is  substantially  the  same 
question  \v\Xh  the  former;  and,  so,  members, 
who  have  spoken  on  the  principal  or  main 
question,  may  speak  again  on  all  the  sub- 
sidiary or  incidental  questions  arising  in  the 
course  of  the  debate.     [%  332.] 


The  mover  and  seconder,  if  they  do  not  speak  to  the  qnestioa 
9X  A*  time  when  the  motion  is  made  and  seconded,  Have  'ho  h*ai 
riofci  •^th  other  raemWra  to  address  the  aiaerably 


114  PARLIAMENTARY    PRACTICE 

217.  The  rule,  as  to  speaking  but  once  on  4 
question,  if  strictly  enforced,  will  prevent  a 
member  from  speaking  a  second  time,  without 
the  general  consent  of  the  assembly,  so  long 
as  there  is  any  other  member  who  himself 
desires  to  speak ;  but,  wlien  all  who  desire  to 
speak  have  spoken,  a  member  may  speak  a 
second  time  by  leave  of  the  assembly. 

218.  A  member  may  also  be  permitted  to 
sneak  a  second  time,  in  the  same  debate,  in 
order  to  clear  a  matter  of  fact ;  or  merely  to 
explain  himself  in  some  material  part  of  his 
speech;  or  to  the  orders  of  the  assembly,  if  they 
be  transgressed  (although  no  question  may  be 
made),  but  carefully  keeping  within  that  line, 
and  not  falling  into  the  matter  itself    [IT  333.] 

219.  It  is  sometimes  supposed,  that,  because 
a  member  has  a  right  to  explain  himself, 
he  therefore  has  a  right  to  interrupt  anothei 
member,  whilst  speaking,  in  order  to  make 
the  explanation:  but  this  is  a  mistake;  he 
should  wait  until  the  member  speaking  hfw 
finished ;  and  if  a  mem])er,  on  being  requested, 
yields  the  floor  for  an  explanation,  he  re- 
nnqiiishes  it  altogether 


STOPPING    DEBATE.  Ii5 

Sect.  IV.     As  to  stopping  Debate. 

220  The  only  mode  in  use,  in  tliis  conntr^/, 
im*il  recently,  for  the  piir{)ose  uf  putting  an 
end  to  an  unprofitable  or  tiresome  dehaJe 
was  by  moving  the  previous  (piestion;  tho 
etTect  of  which  motion,  as  alreatly  explained, 
if  decided  in  the  affirmative,  is  to  rc([(iire  the 
main  or  principal  question  to  be  immediately 
taken.  AVhen  this  question  is  moved,  there 
fore,  it  necessarily  suspends  all  further  cun 
sideration  of  the  main  question,  and  precludes 
all  further  debate  or  amendment  uf  it ;  tliough, 
as  has  been  seen,  it  stands  in  the  same  degree 
with  postponement,  amendment,  and  commit- 
ment ;  and,  unless  in  virtue  of  a  special  rale, 
cannot  be  moved  while  either  of  those  mo- 
tions is  pending. 

221.  Tlie  other  mode  of  putting  an  end  to 
debate,  which  has  recently  been  introduced 
into  use,  is  for  the  assembly  to  adopt  before- 
hand a  special  order  in  reference  to  a  particulai 
subject,  that,  at  such  a  time  specified,  aU 
debate  upon  it  sliall  cease,  and  all  motions  oi 
questions  pending  in  relation  to  it  shall  be 
decided 


116  Parliamentary  practice. 

222.  Another  mle,  which  has  lately  be<»n 
introduced  for  the  purpose  of  shorteniug  rathei 
than  stopping  debate,  is,  that  no  member  shal 
be  permitted  to  speak  more  than  a  cerluin 
S})ecificd  time  on  any  question  ;  so  that,  when 
the  time  allotted  has  expired,  the  presiding 
officer  announces  the  fact,  and  the  membei 
speakhig  resumes  his  seat. 

Sect.   V.     As  to   Decorum  in   Debate. 

223.  Every  member  having  the  right  to  be 
heard,  every  other  member  is  bound  to  con- 
duct himself  in  such  a  manner,  that  this  right 
may  be  effectual.  Hence,  it  is  a  rule  of  order. 
as  well  as  of  decency,  that  no  member  is  to 
disturb  another  in  his  speech  by  hissing 
coughing,  spitting;  by  speaking,  or  whisper- 
mg;  by  passing  between  the  presiding  oihcei 
and  the  member  speaking;  by  going  across 
the  assembly-room,  or  walking  up  and  down 
in  it;  or  by  any  other  disorderly  deportment 
which  tend;j  to  disturb  or  disconcert  a  membei 
who  is  speaking. 

221.  But,  if  a  member  speaking  finds,  that 
Ke  is  not  regarded  with  that  respectful  atten 
Son.  which  his  equal   right  demands,  —  that 


DECORUM    IN     DEBATE.  117 

it  is  not  the  inclination  of  the  assembly  t:.  hcai 
liira,  —  and  that  by  conversation  or  any  otlier 
noise  they  endeavor  to  drown  li:s  voice,  —  i 
is  his  most  prudent  course  to  submit  himself 
to  the  pleasure  of  the  assembly,  and  to  sit 
down ;  for  it  scarcely  ever  happens,  that  tlie 
members  of  an  assembly  are  guilty  of  ihia 
niece  of  ill  manners,  without  some  excuise 
ur  provocation,  or  that  they  are  so  wholly 
inattentive  to  one,  who  says  any  thing  worth 
tlieir  hearing. 

225.  It  is  the  duty  of  the  presiding  officer, 
m  such  a  case,  to  endeavor  to  reduce  the 
assembly  to  order  and  decorum;  but,  if  his 
repeated  calls  to  order,  and  his  appeals  to  the 
good  sense  and  decency  of  the  members, 
prove  ineffectual,  it  then  becomes  his  duty  to 
call  by  name  any  member  who  obstinately 
persists  in  irregularity ;  whereupon  the  as- 
sembly may  require  such  member  to  with- 
draw ;  who  is  then  to  be  heard,  if  he  desires 
it,  in  exculpation  and  to  withdraw ;  then  the 
prL^siding  officer  states  the  offence  commitled, 
and  the  assembly  considers  of  the  kind  acd 
degree  of  punishment  to  be  inflicted. 

226.  If,  on  repeated  trials,  the  presiding 
ufiicer  finds  that  the  assembly  will  not  support 


118  PARLIAMENTARY     PKACTICE 

turn  in  the  exercise  of  his  aiuhoiity,  ne  wii! 
then  be  justiiied,  but  not  till  then,  in  i)ermit- 
ting^  without  censure,  every  kind  of  disorder 

Sect.   VL     As  to  Disorderly  Words. 

227.  If  a  member,  in  speaking,  makes  use 
of  language,  which  is  personally  offensive  to 
anotlier,  or  insulting  to  the  assembly,  and  the 
member  offended,  or  any  other,  tliinks  propei 
to  complain  of  it  to  the  assembly,  the  coin-se 
of  proceeding  is  as  follows :    [1  334.] 

228.  The  member  speaking  is  immediately 
interrupted  in  the  cow.rse  of  his  speech,  by 
anotlier  or  several  members  rising  and  calling 
to  order;  and,  the  member,  who  objects  or 
complains  of  the  words,  is  then  called  upon 
by  the  presiding  ofhcer  to  state  the  words 
which  he  com[>lains  of,  repeating  them  exactly 
as  he  conceives  them  to  have  been  spoken, 
in  order  that  they  may  be  reduced  to  \vi*iting 
by  the  clerk ;  or  the  member  complaining, 
without  being  so  called  upon,  may  proceed  ai 
once  to  state  the  words  either  verbally  or  ld 
wiiting,  and  desire  ♦.hat  the  clerk  may  taKe 
them  down  at  the  table.  The  presiding 
officer  may  then  dnect  the,  clerk  to  take  them 


:>ISORDEliLY     WORDS  119 

down;  but  if  he  sees  the  objection  to  be  a 
trivial  one,  and  thinks  there  is  no  foLindation 
for  their  being  thought  disorderly,  he  will 
prudently  delay  giving  any  such  directions,  in 
order  not  umiecessarily  to  interrupt  the  pro 
ceedings ;  though  if  the  memljers  generally 
seem  to  be  in  favor  of  having  the  words  taken 
down,  by  calhng  out  to  that  effect,  or  by  a 
vote,  which  the  assembly  may  doubtless  pass, 
the  presiding  officer  should  certainly  order  the 
clerk  to  take  them  down,  in  the  form  and 
manner  in  which  they  are  stated  by  the 
member  who  objects. 

229.  The  words  objected  to  bemg  thus 
written  down,  and  forming  a  part  of  the 
minutes  in  the  clerk's  book,  they  are  next  to 
be  read  to  the  member  who  was  s})eaking, 
who  may  deny  that  those  are  the  words 
wliich  he  spoke,  in  which  case,  the  assemblv 
must  decide  by  a  question,  whether  they 
are  the  words  or  not'.  If  he  does  not  deny 
that  he  spoke  those  words,  or  when  the 
assembly  has  itself  determined  what  the 
word?    are,    then    the    member    may    either) 


1  Tiie  words,  as  written  down,  may  be  amended,  so  as  to  conidrm 
to  wkai  ii.e  assembly  iliinks  to  be  the  irum. 


VdO  PARLIAMENTARY     PRACflCfi 

uslify  them,  or  explain  the  sense  in  wtiich 
he  used  them,  so  as  to  remove  the  objectioD 
af  their  being  disorderly;  or  he  may  make  in 
apology  Tor  them. 

230.  If  the  jtistiiicatioii,  or  explanation,  ot 
ripilogy,  of  the  member,  is  thought  sutficient 
by  the  asseuibly,  no  further  proceeding  ia 
necessary;  the  member  may  resume  and  go 
on  with  liis  speech,  the  assembly  being  pre- 
sumed, unless  som.e  further  motion  is  made 
to  be  satisfied;  but,  if  any  two  members  (one 
to  make  and  the  other  to  second  the  motion) 
tliink  it  necessary  to  state  a  (question,  so  as 
to  take  the  sense  of  the  as8e])il)ly  upon  the 
words,  and  whether  the  nicjii!)er  in  using 
them  has  been  giulty  of  any  olfence  towards^ 
the  assembly,  the  member  miis.t  withdraw 
before  that  question  is  stated;  and  then  the 
sense  of  the  assejnbly  nutst  be  taken,  and 
such  further  proceedings  had  in  relation  to 
punishing  the  member,  as  may  be  thought 
necessary  and  proper. 

231.  Tne  above  is  the  course  of  proceeding 
established  by  the  writers  of  greatest  author' 
ity  ^ ,   md  ought  invariably  to  be  pursued ;   ii 

*  Mr   UatseU,  in  En^ifind  and  Mr.  Jefferson,  in  this  coJuiUT. 


DISORDERLV    WORDS.  121 

might  however  be  unproved,  by  ihe  meinbCi 
who  objects  to  words  wTiting  them  dowu  at 
:nce,  and  thereupon  moving  tliat  they  be 
made  a  part  of  the  mmutes  ;  l)y  which  means, 
the  presiding  officer  would  be  relieved  from 
the  responsibility  of  determining,  in  the  first 
instance,  u})on  the  character  of  the  words. 

232.  If  offensive  words  are  not  taken  notice 
of  at  the  time  they  are  spoken^,  but  the 
member  is  allowed  to  finish  his  speech,  and 
then  any  other  person  speaks,  or  any  other 
matter  of  business  inten^enes,  before  notice  is 
Uiken  of  the  words  wliich  gave  ofience,  the 
words  are  not  to  be  wiitten  down,  or  the 
tnember  using  them  censured.  This  rule  ia 
established  for  the  common  security  of  all  the 
members ;  and  to  prevent  the  mistakes  which 
must  necessarily  happen,  if  words  complained 
of  are  not  immediately  reduced  to  writing. 


1  Mr.  Jefferson  (J  17)  lays  it  dowii,  that  "  disorderly  words  are  na 
5o  be  noticed  till  the  member  has  finished  liis  speech."  But  in  lhi« 
ke  is  contradicted  by  HaUell,  as  well  a*  by  the  gesera]  prmctita  oi 
efi&;aiive  bodie*. 


122  FARLIAMEMTARY    PRACTICE. 

CHAPTER   XIII. 

OF    THE     QUESTION. 

2b3.  Wlieii  any  proposition  is  made  to  t 
dtf  ibfciative  assembly,  it  is  called  a  motion , 
when  it  is  stated  or  propounded  to  the  as- 
(jembly,  toi  their  acceptance  or  rejection,  it  is 
tienominated  a  question;  and,  when  adopted, 
it  becomes  tne  order,  resolutio?i,  or  vote,  of  the 
assembly. 

234.  All  tlie  proceedings,  wliich  have  thus 
far  been  considered,  have  only  had  for  theii 
object  to  bring  a  proposition  into  a  form  to  be 
put  to  the  question ;  that  is,  to  be  adopted  as 
the  sense,  will,  oi  judgment,  of  the  assembly, 
or  to  be  rejected,  according  as  such  propo- 
sition may  be  found  to  unite  in  its  favor,  cr  to 
fail  oi  uniting,  a  majority  of  the  members. 

235.  When  any  proposition,  whether  princi- 
Dal,  suosidiary,  or  incidental,  or  of  whatever 
nature  it  may  be,  is  made,  seconded,  anc 
stated,  if  no  alteration  is  proposed,  —  or  if  it 
admits  of  none,  or  if  it  is  amended,  —  and  the 
debate  upon  it,  if  any,  appears  to  be  brought 


FORM    OF    CJVESTION.  123 

K)  a  close,  the  presiding  olacer  then  inqiiues, 
whether  the  assembly  is  ready  for  the  qucs- 
lion  ?  and,  if  no  person  rises,  the  question  is 
then  stated,  and  the  votes  of  the  assembly 
taken  n{)on  it.     [1l  335.] 

236.  The  question  is  not  always  stated  tu 
the  assembly,  in  the  precise  form  in  wiiich  it 
arises  or  is  introduced ;  thus,  for  exam})le, 
when  a  member  presents  a  petition,  or  the 
chairman  of  a  committee  offers  a  report,  the 
question  wliich  arises,  if  no  motion  is  made, 
is,  SkaU  the  petition  or  the  report  be  received! 
and,  so,  when  the  previous  question  is  moved, 
■it  is  stated  in  this  form,  Shall  the  main  ques- 
tion be  now  -put?  —  the  question  being  stated, 
in  all  cas€s,  in  the  form  in  which  it  will  appeaj 
un  the  journal,  if  it  ]vasses  in  the  affii-mative. 

237  In  matters  of  trithng  im[)ortance,  or 
which  are  generally  of  course,  such  as  re- 
ceiving petitions  and  reports,  withdrawing 
motions,  reading  papers,  &c.,  the  presiding 
officer  most  commonly  supposes  or  takcis  foi 
granted  the  consent  of  the  assembly,  wnere 
no  objection  is  expressed,  and  does  not  go 
Ihrough  the  formahty  of  taking  the  question 
by   a  vote.*    But    if,  after   a  vo^e    has    been 

takeii  in  this  informal  way  and  declared,  ai^y 
«  {%  313.1 


ISJ4  Parliamentary   pr^vctice 

member  nses  to  o})ject,  the  {)rtsiding  office? 
should  oonsider  every  thing  (hat  has  passed 
as  nothing,  and,  at  once,  go  back  and  pursue 
uhe  regular  course  of  proceeding.  Thus,  if  a 
oetition  is  received,  without  a  question,  and 
the  clerk  is  proceeding  to  read  it,  in  the  usual 
order  of  business,  if  any  one  rises  lo  object, 
it  will  be  the  safest  and  most  [)roper  course, 
for  the  presiding  officer  to  require  a  motion  for 
receiving  it  to  be  regularly  made  and  seconded 
238.  The  (piestion  being  staled  Ijy  the  pre* 
siding  officer,  he  first  puts  it  in  tiie  aflirmative, 
namely:  As  many  as  are  of  opinion  that  — 
repeating  the  words  of  the  question,  —  say 
aye;  and,  immediately,  all  the  members  who 
are  of  that  opinion  answer  aije ;  the  presiding 
officer  then  puts  the  (question  negatively;  At 
many  as  are  of  a  (liferent  opinion,  say  no;  and 
thereupon,  all  the  members  who  are  of  tha' 
opinion  answer  no.  The  presiding  office* 
judges  by  his  ear  which  side  has  "  the  more 
voices,"  and  decides  accordingly,  tliat  the  aye% 
have  it,  or  tJie  noes  have  it,  as  the  case  may  be. 
[f  the  presiding  officer  is  doubtful  as  lo  the 
majority  of  voices,  he  may  put  the  question  a 
second  time,  and  if  he  is  still  unable  to  decide; 
or,  if,  having  decided  accoxding  to  his  jndg 


TAKING     THE     Qr-LSTIOM.  12c 

mert,  any  member  nses  and  declares,  that  he 
beheves  the  ayes  or  the  noes  (whichever it  may 
be)  have  it,  contrary  to  the  declaration  of  the 
presiding  officer',  then  the  presiding  officer 
directs  tiie  assembly  to  divide,  in  order  thai 
the  members  on  Ihe  one  side  and  the  other 
may  be  counted. 

239.  If,  however,  any  new  motion  should 
DC  made,  after  the  }>residing  officer's  decla- 
ration, or,  if  a  member,  who  was  not  in  the 
Assembly-room  when  the  question  was  taken, 
i<hould  come  in,  it  \v\\\  ihen  be  too  late  to 
contradict  the  presiding  officer,  and  have  the 
Assembly  divided. 

240.  The  ai)ove  is  the  parliamentary''  form 
jf  taking  a  question,  and  is  in  general  use  in 
ihis  country^;  i)Ut,  in  some  of  our  legislative 
assemblies,  anrl  especially  in  those  of  the 
New  En2"land  states,  the  suffrages  are  given 
by  the  memt>ers  holding  up  their  right  hands, 
first,  tliose  in  the  affirmative,  and  then  those 
in  the  negative,  of  the  question.  If  the  \re- 
sidijig  officer  cannot  determine,  by  the  show 
of  hands,  which  side  has  the  majority,  he  may 
call  upon   the  members  to  vote  again,  and  if 


1  The  most  common  expression  is:  *•  »  doubt  the  vote."  or,  <th»t 
ro»e  IS  doubert.' 


126  PARLIAMENTARY    PRACTICE. 

he  is  still  in  doubt,  or  if  his  declaration  il 
questioned,  a  division  takes  place.  When 
the  question  is  taken  in  this  manner,  the  pre- 
siding officer  directs  tlie  members,  first  on  the 
Ifirmative  side,  and  then  on  the  negative,  to 
nanifest  their  opinion  by  holding  up  the  right 
hand. 

241.  Wlien  a  division  of  the  assembly  takes 
place,  the  presiding  officer  sometimes  directs 
the  members  to  range  themselves  on  diflerent 
sides  of  the  asseml)ly-room,  and  either  counts 
them  himself,  or  they  are  counted  by  tellers 
appointed  by  him  for  the  })urpose,  or  by  moni 
tors  permanently  appomted  for  that  and  othei 
purposes;  or  the  members  lise  in  their  seats, 
first  on  the  affinnative  and  then  on  the  nega- 
tive, and  (standing  uncovered)  are  counted  in 
the  same  manner.  When  the  members  are 
counted  by  the  presiding  officer,  he  announces 
the  numbers  and  declares  the  result.  When 
they  are  counted  by  tellers  or  monitors,  the 
•ellers  must  first  agree  among  themselves,  and 
then  the  one  who  has  told  for  the  majority 
reports  the  numbers  to  the  presiding  office/ 
who,  thereupon,  declares  the  result. 

242.  The  best  mode  of  divicdng  an  assem 
nlv,  that  is  at  all  numerous,  is  for  the  presiding 


TEAS    AND     NAYS.  \^7 

officer  to  appoint  tellers  for  each  division  oi 
section  of  the  assernbly-ruotn,  and  then  to 
re(|uire  the  members,  first  tliose  in  the  afhrm 
ative,  and  then  those  in  the  nei^ative,  to  rise 
stand  uncovered,  and  he  counted ,  tliis  being 
done,  on  each  side,  the  tellers  of  the  several 
divisions  make  their  returns,  and  the  presiding 
otTicer  declares  the  result. 

21 3.  If  the  members  are  equally  divided,  the 
piesidiug  officer  may,  if  he  pleases,  give  the 
casting  vote;*  or,  if  he  chooses,  he  may  refrain 
fiom  voting,  in  which  case,  the  motion  does 
not  prevail,  and  tlie  decision  is  in  the  negative 

244.  It  is  a  general  rule,  that  every  member, 
who  is  in  the  assembly-room,  at  the  time 
when  the  question  is  stated,  has  not  only  the 
right  but  is  l)Ound  to  vote ;  and,  on  the  other 
hand,  that  no  member  can  vote,  who  w^as  not 
in  the  room  at  that  time. 

245.  The  only  other  form  of  taking  th^ 
question,  which  requires  to  be  described,  i? 
one  in  general  use  in  this  country,  by  mean* 
of  which  the  names  of  the  members  voting  o* 
the  one  side  and  on  the  other  are  ascertaineio 
and  entered  in  the  journal  of  the  assembl» 
This  mode,  which  is  peculiar  to  the  legislativ 

bodies  of  the  United  States,  is  called  taking  th« 
*  [See  If  336,  for  Explanation  of  ^  243. | 
9 


128  PARI  fAMENTARY    PRACTICE 

question  by  yeas  and  nays.  In  order  to  take 
a  question  in  this  manner,  it  is  stated  on  both 
sides  at  once,  namely ;  As  Tnany  as  are  of 
opinion  that,  &c.,  mil/,  ichen  tJteir  names  are 
cabled,  ansv^er  yes ;  and,  As  many  as  are  of  a 
(liferent  ujn^iion  will,  when  their  names  art 
called,  answer  no;  tlie  roll  of  the  assembly  i.s 
^hen  called  over  by  the  clerk,  and  each  mem- 
oer,  as  his  name  is  called,  rises  in  his  place, 
And  answers  yes  or  no,  and  the  clerk  notes  the 
answer  as  the  roll  is  called.  When  the  roll  haj; 
been  gone  tln-ough,  the  clerk  reads  over  first 
the  names  of  those  who  have  answered  in  the 
affirmative,  and  then  the  names  of  those  who 
have  answered  in  the  negative,  in  order  that 
if  he  has  made  any  mistake  in  noting  the 
answer,  or  if  any  member  has  made  a  mistake 
ill  liis  answer,  the  mistake  of  either  may  be 
^rrected.  The  names  having  been  thus  read 
over,  and  the  mistakes,  if  any,  corrected,  the 
clerk  counts  the  numbers  on  each  side,  and 
reports  them  to  the  presiding  officer,  •who 
declares  the  result  to  the  assembly 

246.  The  following  is  the  mode  practised  in 
the  house  of  representatives  of  Massachusetts, 
(which  is  by  far  the  most  numerous  of  all  the 
legislative  bodies  in  this  country,)  of  taking  a 


YEaS    and    NAYa..  129 

question  by  yeas  nd  nays.  Tlie  names  oi 
the  members  being  printed  on  a  sheet,  the 
clerk  calls  them  in  their  order;  and,  as  each 
one  answers,  the  clerk  (responding  to  the 
member,  at  the  same  time)  places  a  figure  in 
pencil,  expressing  the  number  of  the  answer, 
at  the  left  or  right  of  the  name,  according  as 
the  answer  is  yes  or  no ;  so  that  the  last  figure 
or  number,  on  each  side,  shows  the  numbei 
of  the  answers  on  that  side ;  and  the  two  last 
numbers  or  figures  represent  the  respective 
numbers  of  the  afln*matives  and  negatives  on 
the  division.  Thus,  at  the  left  hand  of  the 
name  of  the  member  who  first  answers  yes,  the 
clerk  places  a  figure  1  ;  at  the  right  hand  of 
the  tirst  member  who  answers  no,  he  also 
places  a  figure  1 ;  the  second  member  thai 
answers  ijes  is  marked  2 ;  and  so  on  to  the  end 
of  the  hst ;  the  side  of  the  name,  on  which  the 
figure  is  placed,  denoting  whether  the  answer 
is  yes  or  tw,  and  the  figure  denoting  the  num- 
ber of  the  answer  on  that  side.  The  affirma- 
tives and  negatives  are  then  read  separately, 
.if  necessary,  though  tnis  is  usually  omitted, 
and  the  clerk  is  then  prepared,  by  means  of  the 
last  figure  on  each  side,  to  give  the  numbers 
to  the  speaker  to  be  announced  to  the  house 


130  PARLIAMENTARY    PRACTICE. 

The  names  and  answers  are  afterwards  if 
corded  on  the  journal 

247.  In  any  of  the  modes  of  taking  a  (jueti- 
lion,  in  wliich  it  is  first  put  on  one  side,  acd 
then  on  the  other,  it  is  no  full  question,  untu 
the  negative  as  well  as  the  affirmative  has 
been  put  Consequently,  until  the  negative 
has  been  put,  it  is  in  order  for  any  member,  in 
tlie  same  manner  as  if  the  division  had  not 
commenced,  to  rise  and  speak,  make  motions 
for  amendment,  or  otherwise,  and  thus  renew 
the  debate ;  and,  this,  whether  such  membei 
was  in  the  assembly-room  or  not,  when  the 
question  was  put  and  partly  taken.  In  such  a 
case,  the  question  must  be  put  over  again  on 
the  affirmative,  as  well  as  the  negative  side ; 
for  the  reason,  that  members  who  were  not  in 
the  assembly-room,  when  the  question  was 
first  put,  may  have  since  come  in,  and  also 
dial  some  of  those  who  voted,  may  have  since 
changed  their  minds.  When  a  question  is 
taken  by  yeas  and  nays,  and  the  negative  as 
well  as  the  affirmative  of  the  question  is 
stated,  and  the  voting  on  each  side  begins 
and  proceeds,  at  the  same  time,  the  question 
cannot  be  opened  and  the  debate  renewed 
after  the  voting  has    commenced. 


QUESTIONS    ON    A    DIVISION.  l31 

248.  If  any  question  arises,  in  a  point  of 
order,  as,  for  example,  as  to  the  right  or  the 
duty  of  a  member  to  vote,  during  a  division, 
the  ])residing  officer  must  decide  it  perenip'.o 
rily,  subject  to  the  revision  and  correction  of 
the  assembly,  after  the  division  is  over.  Li  a 
case  of  this  kind,  there  can  be*  no  debate, 
though  the  presiding  officer  may  if  he  pleases 
receive  the  assistance  of  members  with  theii 
advice,  which  they  are  to  give  sitting,  in  order 
to  avoid  ev,en  the  appearance  of  a  debate; 
but  this  can  only  be  with  the  leave  of  the 
presiding  officer,  as  otherwise  the  division 
might  be  prolonged  to  an  inconvenient  length ; 
nor  can  any  question  be  taken,  for  otherwise 
there  might  be  division  upon  division  without 
end. 

249.  When,  from  counting  the  assembly  on  a 
division,  it  appears  that  there  is  not  a  quorum 
present,  there  is  no  decision ;  but  the  mattei 
in  question  continues  in  the  same  state,  in 
which  it  was  before  the  division ;  and,  wlien 
afterwards  resumed,  whether  on  the  same  oi 
on  some  future  day,  it  must  be  taken  jp  ai 
that  precise  point 


32  PAIILT4MENTART    PRACTICE. 


CHAPTER   XIV. 

OF    RECONSIDERATION. 

250.  It  is  a  principle  of  parliamentary  law 
apon  which  many  of  the  rules  and  proceedinjg^ 
previously  stated  are  founded,  that  when  a 
question  has  been  once  put  to  a  deliberative 
assembly,  and  decided,  whether  in  the  affirm- 
ative or  negative,  that  decision  is  the  judgment 
of  the  assembly,  and  cannot  be  again  brought 
mto  question. 

251.  This  principle  holds  equally,  althoug 
the  question  proposed  is  not  the  identical 
question  which  has  already  been  decided,  but 
only  its  equivalent;  as,  for  example,  where 
the  negative  of  one  question  amounts  to  the 
affirmative  of  the  other,  and  leaves  no  other 
alternative,  these  questions  are  the  equiva 
lents  of  one  another,  and  a  decision  of  the  one 
necessarily  concludes  the  other. 

252.  A  common  application  of  the  rule  as 
U)  equivalent  questions  occurs  in  the  case 
af  an  amendment  proposed  by  striking  out 
words ;  in  which  it  is  the  invariable  practice  to 


K.EC0NS1DERAT10N.  133 

consider  the  negative  of  striking  out  as  e(urv 
alent  to  the  affirmative  of  agreeing ;  so  that  to 
put  a  question  on  agreeing,  after  a  question 
on  striking  out  is  negatived,  would  be,  in 
effect,  to  put  the  same  question  twice  over. 

253.  The  principle  above  stated  does  nol 
apply  so  as  to  prevent  putting  the  same  ques- 
tion in  the  different  stages  of  any  proceeding, 
as,  for  example,  in  legislative  bodies,  the 
different  stages  of  a  bill;  so,  in  considering 
reports  of  committees,  questions  already  taken 
and  decided,  before  the  subject  was  referred, 
may  be  again  proposed ;  and,  in  like  manner, 
orders  of  the  assembly,  and  instructions  oi 
references  to  committees,  may  be  discharged 
or  rescinded 

254.  The  inconvenience  of  this  rule,  which 
js  still  maintained  in  all  its  strictness  in  the 
British  parliament  (though  divers  expedienta 
are  there  resorted  to,  to  counteract  or  evade  it), 
ha3  led  to  the  introduction  into  the  parha- 
mentary  practice  of  this  country  of  the  motion 
for  reconsideration;  which,  while  it  recoguizea 
and  upholds  the  rule  in  all  its  ancient  strict- 
ness, yet  allows  a  dehberative  assembly,  foi 
sufficient  reasons,  to  relieve  itself  from  the 
embarrassment    and     inconvenience,    whicli 


I'M  PARLIAMENTaUY    rRACTlUfc. 

would   occasionally   result   from    a  strict    e-p.- 
forccment  of  the  rule  in  a  particular  case. 

255.  It  has  now  come  to  be  a  couunon 
practice  in  all  our  deliberative  assemlilies,  and 
may  consequently  be  considered  as  a  principle 
of  the  c<)mnion  parhamentaiy  law  of  this 
countiy,  to  reconsider  a  vote  already  passed* 
whether  affirmatively  or  negatively. 

256.  For  this  purpose,  a  motion  is  made 
and  seconded,  in  the  usual  manner,  that  such 
a  vote  be  reconsidered;  and,  if  this  motion 
prevails,  the  matter  stands  before  the  assem- 
bly in  precisely  the  same  state  and  condition, 
and  the  same  questions  are  to  be  put  in  re- 
lation to  it,  as  if  the  v^ote  reconsidered  had 
never  been  passed.  Thus,  if  an  amendment 
by  inserting  words  is  moved  and  rejected,  the 
same  amendment  cannot  be  moved  again* 
but,  the  assembly  may  reconsider  the  vote  by 
which  it  was  rejected,  and  then  the  question 
will  recur  on  the  amendment,  precisely  as 
if  the  former  vote  had  never  been  passed. 

257.  It  is  usual  in  legislative  bodies,  to 
regulate  by  a  special  rule  the  time,  manner, 
and  ^y  whom,  a  motion  to  reconsidei  may  be 
made ;  thus,  for  example,  that  it  shall  be  made 
oulj  on  the  same  or  a  succeeding  day,  —  by  a 


KECONSIDERATION.  t3d 

memher  who  voted  with  the  majority,  —  or  at 
it  time  when  there  are  as  many  members 
present  as  there  were  when  the  vote  was 
passed ;  but,  where  there  is  no  special  rule  on 
Jie  subject,  a  motion  to  reconsider  must  be 
considered  in  tlie  same  hght  as  any  othei 
motion,  and  as  subject  to  no  other  rules.  [^ 
337.1 


136  PARLIAMENTARY    PRACTICK, 


CHAPTER  XV 

OF    COMMITTEES 
Rkct    L     Their  Nature  and  Functions 

258.  It  is  usual  in  all  deliberative  assem* 
blies,  to  take  the  preliminary  (sometimea 
also,  the  intermediate)  measures,  and  to 
prepare  matters  to  be  acted  upon,  in  the 
assembly,  by  means  of  committees,  composed 
either  of  members  specially  selected  for  the 
particular  occasion,  or  appointed  beforehand 
for  all  matters  of  the  same  nature 

259.  Committees  of  the  first  kind  are 
asually  called  select,  ♦he  others  standing, 
though  the  former  appellation  belongs  with 
equal  propriety  to  both,  in  order  to  distinguish 
them  from  another  form  of  committee,  con 
8*Huted  either  for  a  particular  occasion,  or  for 
all  cases  of  a  certain  kind,  which  is  com- 
posed of  all  the  members  of  the  assembly,  and 
therefore  denominated  a  committee  oftJie  whole 

260.  The  advantages  of  proceeding  in  this 
mode  are  manifold.  It  enables  a  deliberative 
issemoly  to  do  many  things,  which,  from  its 


COMMITTEES.  137 

Qumbers.  it  would  otherwise  be  iinabie  to  do 
—  to  accomplish  a  much  greater  quantity  of 
business,  by  dividing  it  among  the  members, 
than  could  possibly  be  accomplished,  if  the 
whole  body  were  obliged  to  devote  itself  to 
each  particular  subject;  —  and  to  act  in  the 
.preliminary  and  preparatory  steps,  with  a 
greater  degree  of  freedom,  than  is  compatible 
with  the  forms  of  proceeding  usually  observed 
in  full  assembly. 

261.  Committees  are  appointed  to  consider 
a  particular  subject,  either  at  large  or  under 
special  instructions;  to  obtain  information  in 
reference  to  a  matter  before  the  assembly, 
either  by  personal  inquiry  and  inspection, 
or  by  the  examination  of  witnesses;  and 
to  digest  and  put  into  the  proper  form,  for 
the  adoption  of  the  assembly,  all  resolutions, 
votes,  orders,  and  other  papers,  with  which 
they  may  be  charg^ed.  Committees  are  com- 
monly said  to  be  the  "  eyes  and  ears  "  of  the 
assembly;  it  is  equally  true,  that,  for  certain 
purposes,  they  are  also  its  "  head  and  hands/ 

262.  The  powers  and  functions  of  commit- 
tees depend  chiefly  upon  the  general  authority 
and  particular  instructions  given  them  by  the 
assembly,  at  the  time  of  their  appointment; 


138  PARLIAMENTARY     PRaCTIUK. 

but  they  may  also  be,  and  ver)"^  oflen  arOi 
further  instructed,  whilst  they  are  in  the  exer« 
cise  of  their  functions ;  and,  sometimes,  it  even 
happens,  that  these  additional  instructions 
wholl}  change  the  nature  of  a  committee,  by 
jharging  it  with  inquiries  quite  different  from 
those  for  which  it  was  originally  estabhshed. 

Sect.  II.     Their  Appointment. 

f*b3.  In  the  manner  of  appointing  commit- 
tees, there  is  no  difference  between  standing 
and  other  select  committees,  as  to  the  mode 
of  selecting  the  members  to  compose  them; 
and,  in  reference  to  committees  of  the  whole, 
as  there  is  no  selection  of  members,  they  are 
appointed  simply  by  the  order  of  the  assembly 

264.  In  the  appointment  of  select  commit* 
tees,  the  first  thing  to  be  done  is  to  fix  upon 
the  number.  This  is  usually  effected  in  the 
same  manner  that  blanks  are  fiUed,  namely, 
by  members  proposing,  without  the  formahty  of 
a  motion,  such  numbers  as  they  please,  whicli 
arc  then  separately  put  to  the  question,  be- 
ginnmg  with  the  largest  and  going  regularly 
tlu-ough  to  the  smallest,  until  the  assembly 
eomes  to  a  vote. 


APPOINTMENT    OP    COMMITTEES.  139 

265.  The  number  being  settled,  there  are 
three  niudes  of  selecting  the  memberB,  to  wit, 
by  the  nppointment  of  tlie  presiding  officer, — 
by  ballot,  —  and  by  nomination  and  vote  of 
Ihe  assembly;  the  first,  sometimes  in  virtue 
of  a  standing  rule,  sometimes  in  pursuance  of 
a  vote  of  the  assembly  in  a  particular  case ; 
the  second  always  in  pursuance  of  a  vote; 
the  last  in  the  usual  course  where  no  vote 
is  taken. 

266.  In  deliberative  assemblies,  whose  sit- 
tinc^s  are  of  considerable  lens^th,  as  leorislative 
bodies,  it  is  usual  to  provide  by  a  standing 
rule,  that,  unless  otherwise  ordered  in  a  par- 
ticular case,  all  committees  shall  be  named 
by  the  presiding  officer.  Where  this  is  the 
case,  whenever  a  committee  is  ordered,  and 
the  number  settled,  the  presiding  officer  at 
once  names  the  members  to  compose  it. 
Sometimes,  also,  the  rule  fixes  the  number, 
of  which,  unless  otherwise  ordered,  commit- 
tees shall  consist.  This  mode  of  appointing 
a  committee  is  frequently  resorted  to,  where 
there  is  no  rule  on  the  sulyect. 

267.  When  a  committee  is  ordered  to  oe 
appointed  by  ballot,  the  members  are  chosen 
by  the  assembly,  either  singly  or  all  together, 


140  PARLIAMENTARY    PRACTICE. 

as  may  be  ordered,  in  the  same  manner  tha^ 
other  elections  are  made ;  and,  in  such  elec- 
tions, as  in  other  cases  of  the  election  of  the 
officers  of  the  assembly,  a  majority  of  all  the 
votes  given  in  is  necessary  to  a  choice. 

268.  When  a  committee  is  directed  to  be 
appointed  by  nomination  and  vote,  the  names 
of  the  members  proposed  are  put  to  the  ques- 
tion singly,  and  approved  or  rejected  by  the 
assembly,  by  a  vote  taken  in  the  usual  manner. 
If  the  nomination  is  directed  to  be  made  by 
the  presiding  officer,  he  may  propose  the 
names  in  the  same  manner,  or  all  at  once ; 
the  former  mode  being  the  most  direct  and 
simple;  the  latter  enabling  the  assembly  to 
vote  more  understandingly  upon  the  several 
names  proposed.  When  the  nomination  is 
directed  to  be  made  at  large,  the  presiding 
officer  calls  upon  the  assembly  to  nominate, 
and  names  being  mentioned  accordingly,  he 
puts  to  vote  the  first  name  he  hears. 

259.  It  is  also  a  compendious  mode  of  ap- 
pointing a  committee,  to  revive  one  which 
has  already  discharged  itself  by  a  report ;  oi 
by  charging  a  committee  appointed  for  one 
purj^ose  with  some  additional  duty,  of  the 
game  or  a  diflerent  character 


APPOINTMENT    OF    COMMfTTEES.  141 

270.  In  regard  to  the  appointment  of  com 
mittees,  so  far  as  the  selection  of  the  members 
is  concerned,  it  is  a  general  rule  in  legislative 
bodies,  when  a  bill  is  to  be  referred,  that  none 
who  speak  direM3tly  against  the  body  of  it  are 
to  be  of  the  committee,  for  the  reason,  that  he 
who  would  totally  destroy  will  not  amend ; 
but,  that,  for  the  opposite  reason,  those  who 
only  take  exceptions  to  some  particulars  in  the 
bill  are  to  be  of  the  committee.  This  rule 
supposes  the  purpose  of  the  commitment  to 
be,  not  the  consideration  of  the  general  merits 
of  the  bill,  but  the  amendment  of  it  in  its  par- 
tir^vilar  provisions,  so  as  to  make  it  acceptable 
to  the  ass-embly.    ' 

271.  This  rule,  of  course,  is  only  for  the 
guidance  of  the  presiding  officer,  and  the 
members,  in  the  exercise  of  their  discretion ; 
as  the  assembly  may  refuse  to  excuse  from 
serving,  or  may  itself  appoint,  on  a  committee, 
persons  who  are  op])osed  to  the  subject  refer- 
red. It  is  customar)',  however,  in  all  deliber- 
ative assembhes,  to  constitute  a  committee 
of  sujh  persons,  (the  mover  and  secondei 
of  a  measure  being  of  cpurse  appointed,)  a 
majority  of  whom,  at  least,  are  favorably  in 
dined  to  the  measure  proposed 


142  »'ARLIAMENTART    PRACTICE. 

272  When  a  committee  has  been  appointed 
in  reference  to  a  particular  subject,  it  is  the 
duty  of  the  secretary  of  the  assembly  to  make 
out  a  Ust  of  the  members,  together  with  a 
-ertified  copy  of  the  authority  or  instructions 
mder  which  they  are  to  act,  and  to  give  the 
papers  to  the  member  first  named  on  the  lis- 
of  the  committee,  if  convenient,  but,  other 
wise,  to  any  other  member  of  the  committee 

Sect.  III.     Their  Organization  and 
Manner  of  proceeding. 

273.  The  person  first  named  on  a  committee 
acts  as  its  chairman,  or  presiding  oflicer,  so  fai 
as  relates  to  the  preliminary  steps  to  be  taken, 
and  is  usually  permitted  to  do  so,  through  the 
whole  proceedings ;  but  this  is  a  matter  of 
courtesy ;  every  committee  having  a  right  to 
elect  its  own  chairman,  who  presides  over  it. 
and  makes  the  report  of  its  proceedings  to  the 
assembly. 

274.  A  committee  is  property  to  receiva 
directions  from  the  assembly,  as  to  the  time 
and  place  of  its  meeting,  and  cannot  regularly 
sit  at  any  other  time  or  place ;  and  it  may  he 
ordered  to  sit  immediately,  whilst  the  assembly 
is  sitting,  and  make  its  report  forthwith. 


PROCEEDIN  S  OF  COMMITTEES.       141 

275.  When  no  directions  are  given,  a  com- 
iTiittee  may  select  ifs  own  time  and  place  of 
meeting ;  but,  without  a  special  order  to  that 
elfect,  it  is  not  at  liberty  to  sit  whilst  the 
assembly  sits ;  and,  if  a  committee  is  sitting, 
when  the  assembly  comes  to  order  after  an 
adjournment,  it  is  the  duty  of  the  chairman  to 
rise,  instantly,  on  being  certified  of  it,  and 
with  the  other  members,  to  attend  the  service 
of  the  assembly. 

276.  In  regard  to  its  forms  of  proceeding,  a 
Rommittee  is  essentially  a  miniature  assembly : 
—  it  cpai  only  act  when  regularly  assembled 
together,  as  a  committee,  and  not  by  separate 
consultation  and  consent  of  the  members ; 
nothing  being  the  agreement  or  report  of  a 
committee,  bat  what  is  agreed  to  in  that 
manner;  —  a  vote  taken  in  committee  is  as 
binding  as  a  vote  of  the  assembly;  —  a  majority 
of  the  m^embers  is  necessary  to  constitute  a 
quon.  m  for  business,  unless  a  larger  or  smaller 
number  has  been  fixed  by  the  assembly  itself, 
-—and  a  committee  has  full  power  over  whal- 
ever  may  be  committed  to  it,  except  that  it  is 
ttot  at  liberty  to  change  the  title  or  subject* 

277.  A  committee,  which  is  imder  no  direc- 
tions as  to  the  time  and  place  of  meeting,  ma^ 

10  *  '^  ^^^■'^ 


144  PARLIAMENTARY    PRa<'TICK 

meet  whon  and  where  it  pleases,  and  adjourn 
itself  from  day  to  day,  or  otherwise,  until  it 
has  gone  through  with  the  business  committed 
to  it ;  but,  if  it  is  ordered  to  meet  at  a  }3ar  • 
ticular  time,  and  it  fails  of  doing  so,  for  any 
cause,  the  committee  is  closed,  and  cannot 
act  without  being  newly  directed  to  sit. 

278.  Disorderly  words  spoken  in  a  commit- 
♦*=!e  must  be  written  down  in  the  same  manner 
as  m  the  assembly ;  but  the  committee,  as 
such,  can  do  nothing  more  than  report  them 
to  the  assembly  for  its  animadversion ;  neither 
can  a  committee  punish  disorderly  conduct 
ct  any  other  kind,  but  must  report  it  to  the 
assembly 

279.  When  any  paper  is  before  a  committee 
whether  select  or  of  the  whole,  it  may  eithei 
have  originated  with  the  conunittee,  or  have 
been  referred  to  them;  and,  in  either  case 
when  the  paper  comes  to  be  considered,  the 
course  is  for  it  to  be  first  read  entirely  through, 
by  the  clerk  of  the  committee,  if  there  is  one, 
otherwise  by  the  chairman  ;  and  then  U  be 
read  through  again  by  paragraph?,  b  the 
chairman,  pausing  at  the  end  of  each  paragraph 
and  putting  questions  for  amending,  either  by 
striking  out  or  inserting,  if  proposed      Tliis  i* 


PROCKEDINGS    OF    COMMITTEES  145 

the  natural  order  of  proceeding  in  considering 
ana  amending  any  paper,  and  is  to  be  strictly 
adhered  to  in  the  assembly  but  the  sajne 
strictness  does  not  seem  necessary  in  a  com- 
mittee. 

2SU.  If  the  paper  l^efore  a  committee  is  one 
which  has  originated  with  the  committee, 
questions  are  put  on  amendments  proposed, 
but  not  on  agreeing  to  the  several  paragraphs 
of  which  it  is  composed,  separately,  as  they 
are  gone  through  with ;  this  being  reser\''ed  foi 
the  close,  when  a  question  is  to  be  put  on  the 
whole,  for  agreeing  to  the  paper,  as  amended, 
or  unamended. 

281.  If  the  paper  be  one,  which  has  been 
referred  to  the  committee,  they  proceed  as  in 
the  other  case  to  put  questions  of  amendment, 
if  proposed,  but  no  final  question  on  the 
whole ;  because  ail  parts  of  the  paper,  having 
been  passed  upon  if  not  adopted  by  the 
assembly  as  the  basis  of  its  action,  stand,  of 
course,  unless  altered  or  struck  out  by  a  vole 
of  the  assembly.  And  even  if  the  connnitlec 
are  opposed  to  the  whole  paper,  and  are  of 
opinion,  that  it  cannot  be  made  good  by 
ameniiments,  they  have  no  authority  to  reject 
H;  tliey  must  report  it  oack  to  the  assembly 


146  PARLIAMENTARl     FRACTiOE. 

without  amendments,  (spei'.ially  stating  theii 
objections,  if  they  think  ]-)roper,)  and  theifl 
make  tlieir  opposition  as  indi\'idu;\l  members^ 

2S2.  In  the  case  of  a  paper  originating  witb 
a  committee,  they  may  erase  or  interline  it  as 
much  as  they  please ;  though,  when  finally 
agreed  to,  it  ought  to  be  reported  in  a  cleai 
draft,  fairly  written,  without  erasure  or  inter- 
lineation. 

283.  But,  in  the  case  of  a  paper  referred  tn 
H.  committee,  they  are  not  at  Uberty  to  erase, 
interline,  blot,  disfigure,  or  tear  it,  in  any 
manner ;  but  they  must,  in  a  separate  paper, 
set  down  the  amendments  they  have  agreed 
to  report,  stating  the  words  which  are  to  be 
inserted  or  omitted,  and  the  places  where  the 
amendments  are  to  be  made,  by  references  to 
the  paragi*aph  or  section,  line,  and  word. 

28-1.  If  the  amendments  agi-eed  to  are  very 
numerous  and  minute,  the  committee  may 
report  them  altogether,  in  the  form  of  a  new 
and  amended  draft. 

285.  When  a  committee  has  gone  through 
the   paper,   or   agreed  upon  a  report  on  the 

1  Th>3  rule  is  not  applicable,  of  coarse,  to  those  case«  m  whicli 
tks  subject,  as  well  as  the  form  or  details  of  a  paper,  is  referred  to 
ti«  commirtee. 


REPORT    OF    COMMITTEE.  Ill 

subject,  which  has  been  referred  to  them,  it 
s  then  moved  by  some  member,  and  tliere 
apon  voted,  that  the  committee  rise,  and  tiia» 
Oie  chairman,  or  some  other  member,  make 
jheir  report  to  the  assembly. 


Sect,  IV.     Their  Report. 

286.  Wlien  the  report  of  a  committee  is  to 
oe  made,  the  chaimian,  or  member  appointed 
to  make  the  report,  standing  in  his  place, 
informs  the  assembly,  that  the  committee,  to 
whom  was  referred  such  a  subject  or  paper, 
have,  according  to  order,  had  the  same  under 
consideration,  and  have  directed  him  to  make 
a  report  thereon,  or  to  report  the  same  with 
sundry  amendments,  or  without  amendment, 
as  the  case  may  be,  which  he  is  ready  to  do, 
when  the  assembly  shall  please;  and  he. or 
any  other  member  may  then  move  that  the 
report  be  now  received.  On  this  motion  being 
made,  the  question  is  put  whether  the  assem- 
bly will  receive  the  report  at  that  time :  and 
a  vote  passes,  accordingly,  either  to  receive  it 
then,  or  fLxing  upon  come  future  time  for  its 
recej)tioii     [^  88C/; 


148  PARLIAMENTARY    PRACTICE 

287.  At  the  time,  when,  by  the  order  of 
tlie  assembly,  the  report  is  to  be  recoiv^'d. 
the  chairman  reads  it  in  liis  place,  and  then 
delivers  it,  together  Avith  all  the  papers,  con 
nected  with  it,  to  the  clerk  at  the  table  ;  where 
it  is  again  read,  and  then  lies  on  the  table, 
until  the  time  assigned,  or  until  it  suits  the 
convenience  of  the  assembly,  to  take  it  up 
lor  consideration. 

288.  If  the  report  of  the  committee  is  of  a 
paper  with  amendments,  the  chairman  reads 
the  amendments  with  the  coherence  in  the 
paper,  whatever  it  may  be,  and  opens  the 
alterations,  and  the  reasons  of  the  committee 
for  the  amendments,  until  he  has  gone  through 
the  whole;  and,  when  the  report  is  read  at 
the  clerk's  table,  the  amendiPients  only  are 
read  without  the  coherence. 

289.  In  })ractice,  however,  the  formality  of 
a  motion  and  vote  on  the  reception  of  a  report 
is  usually  dispensed  with ;  though,  if  any 
objection  is  made,  or  if  the  presiding  officer 
sees  any  informality  in  the  report,  he  should 
decline  receiAang  it  -without  a  motion  and 
vote ;  and  a  report,  if  of  any  considerable 
length,  is  seldom  read,  either  by  the  chairman 
In  his  place,  or  by  the  clerk  at  the  table,  mni! 


REPORT    OF    COxVMlTTEE  113 

it  is  taken  u})  for  consideration.  In  legislative 
B.ssp.niblies,  the  printing  of  reports  generally 
renders  ilie  reading  of  them  unnecessary. 

290.  The  report  of  a  conniiittee  being  mad  a 
and  received,  the  committee  is  dissolved,  and 
can  act  no  more  without  a  new  power;  but 
'hen*  authority  may  be  revived  by  a  vote,  and 
die  same  matter  recommitted  to  them.  If  a 
-:e|)ort,  when  offered  to  the  assembly,  is  not 
received,  the  committee  is  not  thereby  dis- 
charged, but  may  be  ordered  to  sit  agam,  and 
a  time  and  place  appoinLed  accordingly. 

291.  When  a  subject  or  paper  has  been 
once  committed,  and  a  report  made  upon  it, 
It  may  be  recommitted  either  to  the  same  oi 
a  different  committee ;  and  if  a  report  is  re- 
committed, before  it  has  been  agreed  to  by 
the  assembly,  what  has  heretofore  passed  in 
the  committee  is  of  no  vahdity;  the  whole 
question  being  again  before  the  oommiUee, 
as  if  nothing  had  ])assed  there  in  relation  to  it 

292.  The  report  of  a  committee  may  be 
made  in  three  different  forms,  namely :  Jirst 

t  may  contain  merely  a  statement  of  facts 
reasoning,  or  opinion,  in  relation  to  the  subjeci 
of  it,  \^'ithout  any  specific  conclusion ;  or 
seco'id,   a    statement  of    facts,    rcasoimig,   o 


iDO  PaJILiaMEJVTaKY     PilACTi.l!.. 

opinion,  concluding  with  a  resolution,  oi  serieb 
of  resolutions,  or  some  other  specific  proposi- 
tion ;  or,  tJdrd,  it  may  consist  merely  of  such 
resolutions,  or  i)ropositions,  without  any  intro- 
ductory part. 

2  93.  The  fh'st  question,  on  a  report,  is,  in 
«ifjctness,  on  receiving  it;  though,  m  practice, 
this  question  is  seldom  or  never  made;  the 
consent  of  the  assembly,  especially  in  respect 
(o  the  report  of  a  committee  of  the  whole, 
hemg  generally  presumed,  unless  objection  is 
made.  When  a  report  is  received,  whether 
by  general  consent,  or  upon  a  question  and 
vote,  the  committee  is  discharged,  and  the 
report  becomes  the  basis  of  the  future  pro- 
ceedings cf  the  assembly,  on  the  subject  to 
which  it  relates. 

294.  At  the  time  assigned  for  the  considera- 
tion of  a  report,  it  may  be  treated  and  disj^osed 
of  precisely  like  any  other  proposition  (59  to 
77)  ;  and  may  be  amended,  in  the  same 
manner  (78  to  133),  both  in  the  preliminary 
statement,  reasoning,  or  opinion,  if  it  contain 
iny,  ani  in  the  resolutions,  or  other  proposi 
tions  with  which  it  concludes ;  sc  if  it  consist 
merely  of  a  statement,  ^c,  \^nthout  resolutions 
or  of  resolutions.  &c.,  without  any  introductory 
parr 


EEPOKT    OF    COMxAlITTEE  151 

295.  The  final  question  on  a  leport,  what 
ever  form  it  may  have,  is  usually  stated  on  its 
acceptance ;  and,  when  accepted,  the  whole 
report  is  adopted  hy  the  assembly,  and 
becomes  the  statement,  reasoning,  opinion, 
resolution,  or  other  act,  as  the  case  may  be, 
of  the  assembly ;  the  doings  of  a  committee, 
when  agi'ced  to,  adopted,  or  accepted,  becom- 
ing the  acts  of  the  assembly,  in  the  same 
manner  as  if  done  originally  by  the  assemljly 
itself,  without  the  intervention  of  a  committee. 

296.  It  would  be  better,  however,  and  in 
stiicter  accordance  with  parhamentary  rules,  to 
state  the  final  question  on  a  report,  according 
to  die  form  of  it.  If  the  report  contam  merely 
a  statement  of  facts,  reasoning,  or  opinion,  the 
question  should  be  on  acceptance ;  if  it  also 
conclude  with  resolutions,  or  other  specific 
propositions,  of  any  kind,  —  the  introductory 
part  being  consequently  merged  in  the  con- 
clusion,—  the  question  should  be  on  agreeing 
to  the  resolutions,  or  on  adopting  the  order,  oi 
other  proposition,  or  on  passing  or  coming  to 
the  vote,  recommended  by  the  committee  ;  and 
the  same  should  be  the  form  of  tlie  question, 
when  the  report  consists  merely  of  re.solutiups 
&c  ,  without  aiiv  introductory  part 


162  PARLIAMENTARY    rRACTlCE. 


Sect    V,     Committee  of  the   Whole 

297.  When  a  subject  has  been  ordered  to  ht 
rsferred  to  a  committee  of  the  whole,  the  form 
of  going  from  the  assembly  into  committee, 
is,  for  the  presiding  officer,  at  the  time  ap- 
pointed for  the  committee  to  sit,  on  motion 
made  and  seconded  for  the  purpose,  to  put 
the  question  tliat  the  asseml)ly  do  now  resolve 
itself  into  a  committee  of  the  whole,  to  take 
under  consideration  such  a  matter,  naming  it. 
If  this  question  is  determined  in  the  affirma- 
tive, the  result  is  declared  by  the  presiding 
officer,  who,  naming  some  member  to  act  as 
chairman  of  the  committee,  then  leaves  tlie 
chair,  and  takes  a  seat  elsewhere,  like  any 
other  member;  and  the  person  appointed 
chairman  seats  himself  (not  in  the  chair  of 
the  assembly  but)  at  the  clerk's  table. 

298.  The  chairman  named  by  the  presiding 
officer  is  generally  acquiesced  in  by  the  com- 
niittee;  though,  like  all  other  committees,  a 
committee  of  the  whole  have  a  right  to  e\ec,1 
n  chairman  for  themselves,  some  member,  l.'y 
general  consent,  pu<*ing  the  question.    [^840.] 


COMMITTEE    OF    THE     V  iIOLE.  163 

299  The  same  number  lF  members  is 
necessary  to  constitute  a  quomm  of  a  com- 
mittee of  the  whole,  as  of  the  assembly ;  and 
if  the  members  present  fall  below  a  quonuu 
a.  any  time,  in  the  course  of  the  proceedings 
Ihe  v3haifman,  on  a  motion  and  question,  rises 
—  the  presiding  officer  thereupon  resumes  the 
chair,  —  and  the  chairman  informs  the  assem- 
bly ^he  can  make  no  other  report)  of  the 
caudc  of  the  dissolution  of  the  conmiittee. 

300.  When  the  assembly  is  in  committee 
of  the  whole,  it  is  the  duty  of  the  presiding 
officer  to  remain  in  the  assembly-room,  in 
order  to  be  at  hand  to  resume  the  chair,  in 
case  the  committee  should  be  broken  up  by 
some  disorder,  or  for  want  of  a  quorum,  oi 
should  rise,  either  to  report  progi-ess,  or  t( 
make  their  final  report  upon  the  matter  com 
mitted  to  them 

301.  The  clerk  of  the  assembly  does  no 
act  as  clerk  of  the  committee  (this  is  the  dut) 
of  the  assistant  clerk  in  legislative  bodies),  oi 
record  in  his  jomiial  any  of  the  proccedingii 
or  votes   of   the   committee,   but    only   theii 

rport  as  made  to  the  assembly. 

302  The  proceedings  in  a  committee  of 
the  whole,  though,  m  general,  similar  to  th^^ 


I64  PARLIAMENTARY    PRACTICE. 

in  the  assembly  itself,  and  in  other  comin  it- 
tees,  are  yet  different  in  some  respects,  the 
principal  of  which  are  the  following :  — 

303.  First.  The  previous  question  caniio* 
be  moved  in  a  committee  of  the  whole.  The 
only  means  of  avoiding  an  improper  discussion 
is,  to  move  that  the  committee  rise ;  and,  if  it  is 
apprehended,  that  the  same  discussion  will  be 
attempted  on  returning  again  into  committee, 
the  assembly  can  discharge  the  committee, 
nnd  proceed  itself  with  the  business,  keeping 
iown  any  improper  discussion  by  means  of 
the  previous  question  \ 

304.  Second.  A  committee  of  the  whole 
cannot  adjourn,  like  other  committees,  to 
some  other  time  or  place,  for  the  purpose 
of  going  on  with  and  completing  the  con- 
sideration of  the  subject  referred  to  them;  but, 
if  their  business  is  unfinished,  at  the  usual 
time  for  the  assembly  to  adjourn,  or,  for  any 
other  reason,  tliey  Avish  to  proceed  no  fiu'ther 
at  a  particular  time,  the  form  of  proceeding  is, 
for  some  member  to  ixiove  that  the  committee 
rise,  —  report  progress,  —  and  ask  leave  to  sit 

1  II  ihe  object  be  to  slop  debate,  that  ca;A  only  be  eflecied,  in  th» 
same  maaner,  unless  there  is  a  special  rule,  as  to  the  time  of  jfjeai 
i;i^,  or  to  taking  a  subject  out  of  committee. 


COMAllTTEE     OF    THE    WHOLE  155 

again;  and,  if  tliis  motion  prevails,  the  cfiair- 
man  rises,  —  the  presiding  officer  resumes  the 
chair  of  the  assembly,  —  and  the  chairman  of 
tlie  committee  informs  him  that  the  committee 
cf  tlie  whole  have,  according  to  oider,  had 
under  their  consideration  such  a  matter,  and 
have  made  some  progress  therein^;  but,  not 
having  had  time  to  go  through  \vith  the  same, 
have  directed  him  to  ask  leave  for  the  com- 
mittee to  sit  again.  The  presiding  officer 
lliereupon  puts  a  question  on  giving  the  com- 
mittee leave  to  sit  agam,  and  also  on  the  time 
when  the  assembly  ^\'ill  again  resolve  itself 
mto  a  committee.  If  leave  to  sit  again  is  not 
granted,  the  committee  is  cf  course  dissolved. 

305.  Third.  Li  a  committee  of  the  whole, 
ever}^  member  may  speak  as  often  as  he 
pleases,  pro\'ided  -he  can  obtain  the  floor; 
whereas,  in  the  assembly  itself,  no  membei 
can  speak  more  than  once. 

306.  Fourth.  A  committee  of  the  v/hole 
cannot  refer  any  matter  to  another  committee ; 
out  other  committees  may  and  do  frequently 
exercise   their  functions,  and   expedite  their 


1  If  it  )3  a  second  tiiic,  tke  expression  la,  "  some  furtiier  pro 

fTCBS,"  4« 


156  PARLIAMENTARY    PRACTICE 

business,  by  means  of  sub-committees  of  iheii 
own  members. 

307.  Fifth.  In  a  committee  of  the  whole, 
the  presiding  officer  of  the  assembly  lias  a 
right  to  take  a  part  in  the  debate  and  pro- 
ceedings, in  the  same  mamier  as  any  othei 
member. 

308.  Sixth.  A  committee  of  the  whole,  hke 
a  select  committee,  has  no  authority  to  punish 
a  breach  of  order,  whether  of  a  member,  or 
stranger;  but  can  only  rise  ana  report  the 
matter  to  the  assembly,  who  may  proceed  to 
punish  the  offender.  Disorderly  words  nuist 
be  written  down  in  committee,  in  the  same 
manner  as  in  the  assembly,  and  reported  to 
the  assembly  for  their  animadversion. 

309.  The  foregoing  are  the  principal  points 
of  differenoe  between  proceedings  in  the  as- 
sembly and  in  committees  of  the  whole  ;  in 
most  other  respects  they  are  precisely  similar 
It  is  sometimes  said,  that  in  a  committee  of 
the  whole,  it  is  not  necessary  that  a  motion 
should  ha  seconded  There  is  no  foundation, 
however,  either  in  reason  or  parliamentarii 
usage,  for  this  opinion. 

310  AVlien  a  committee  of  the  whole  have 
gone  througli  with  the  matter  referred  to  th^ox 


COMMITTEE    OF    THE     WHOLE.  157 

a  member  moves  that  the  committee  rise,  and 
J^hat  the  chairman  (or  some  other  memher) 
report,  their  proceedings  to  the  assembly : 
wliich  being  resolved,  the  chairman  rises  and 
goes  to  his  place, — the  presiding  officer  re- 
sumes the  chair  of  the  assembly,  —  and  the 
chairman  mforms  him,  that  the  committee 
have  gone  throug'i  with  the  business  referred 
to  them,  and  that  he  is  ready  to  make  their 
report,  when  the  assembly  shall  think  proper 
to  receive  it  The  time  for  recei\ing  the 
report  is  then  agreed  upon ;  and,  at  the  time 
appointed,  it  is  made  and  received  in  the  same 
manner  as  that  of  any  other  committee  (256). 
311.  It  sometimes  happens,  that  the  formah- 
ty  of  a  motion  and  question  as  to  the  time  of 
receiving  a  report  is  dispensed  with.  If  the 
assembly  are  ready  to  receive  it,  at  the  time, 
they  ciy  out,  "now,  no\v,"  whereupon  the 
chainnan  proceeds;  if  not  then  ready,  some 
other  time  is  mentioned,  as  "  to-monow,"  or 
"  Monday,"  and  that  time  is  fixed  by  general 
consent.  But,  when  it  is  not  the  general  sense 
of  the  assembly  to  receive  the  report  at  the 
time,  it  is  better  to  agree  upor  and  fix  th.e  time 
t)}  a  motion  and  questioD 


158  PARLIAMENTARY    PRACIICE. 


CONCLUDING    REMARKS. 


312.  In  bringing  tkis  treatise  to  a  close,  it 
will  not  be  deemed  out  of  place,  to  make  a 
suggestion  or  two  for  the  benefit  of  those 
persons,  who  mny  be  called  upon  to  act  as 
presiding  officers,  for  the  first  time. 

313.  One  of  the  most  essential  parts  of  the 
duty  ^  a  presiding  officer  is,  to  give  the 
closest  attention  to  the  proceedings  of  the 
assembly,  and,  especially,  to  what  is  said  by 
every  member  who  « speaks.  Without  ,he 
first,  confusion  will  be  almost  certain  to  occur ; 
rasting  the  time,  perhaps  disturbing  the  har- 
fiLony,  of  the  assembly.  Tlie  latter  is  not 
merclv  a  decent  manifestation  of  respect  foi 
those  who  have  elevated  him  to  an  honorable 
statior  ;  but  it  tends  greatly  to  encourage  timid 
or  dif£'?.Rnt  members,  and  to  secure  them  » 


CONCLUDING    RLMAKKS.  ]5g 

pntient  and  attentive  hearing;  and  it  cften 
enables  the  presiding  officer,  by  a  timely 
interference,  to  check  offensive  language,  ifi 
season  to  prevent  scenes  of  tumult  and  dis- 
order, such  as  have  sometimes  disgraced  ouj 
legislative  halls. 

314  It  should  be  constantly  kept  in  ramd 
by  a  presiding  officer,  that,  in  a  deliberative 
assembly,  there  can  regularly  be  but  one 
thing  done  or  doing,  at  the  samo-  time.  This 
caution  he  will  find  particularly  usefid  to  him, 
whenever  a  quarrel  arises  between  two 
members,  in  consequence  of  words  spoken 
in  debate.  In  such  a  case,  he  wiP  do  Avell 
to  require  that  the  regular  course  of  proceed- 
ing shall  be  strictly  pursued ;  and  Avill  take 
care  to  restrain  members  from  interfering  in 
any  other  manner.  In  general,  the  solemnity 
and  deliberation,  with  v/hich  this  mode  is 
attended,  will  do  much  to  allay  heat  and 
excitement,  and  to  restore  harmony  and  order 
to  the  assembly. 

315.  A  presiding  officer  will  often  find  liim- 

aelf  embarrassed,   by  the  difficulty,  as   wel 

as  the  delicacy,  of  deciding  points  of  order 

ur  givmg    directions    as   to    *he   manii'^,    o( 

11 


160  PARLlAMENTABV    PRACTICE. 

proceeding.  In  such  cases,  it  will  be  useful 
for   him  to  recollect,  that  — 

The    great   ruRrosE     of   all   rules    and 

FORMS,  IS  TO  SUBSERVE  THE  WiLL  OF  THE 
ASSEMBLY  -  RATHER  THAN  TO  RESTRAIN  IT  ,' 
TO  FACILITATE,  AND  NOT  TO  OBSTRUCT,  THF 
EXPEESSION     OF     THEIR      DELIBERATE      SEK8S 


ADDITIONS  AND  CORRECTIONS. 


§  21.     General  Consent. 

[Tlie  sign  ^,  at  the  head  of  a  note,  refers  to  the  paragraj^ 
in  the  body  of  the  work  to  which  the  note  belongs.] 

816.  The  terms,  "  general  consent,"  as  used  in 
parliamentary  practice,  denote  the  unanimous 
opinion  of  the  assembly,  when  their  opinion  is 
expressed  informally,  and  not  by  means  of  a  vote. 
Whenever,  therefore,  it  is  said,  that  the  general 
consent  of  the  assembly  is  necessary  to  the  adop- 
tion of  any  measure,  it  is  to  be  understood,  that 
if  the  question  is  proposed  informally,  no  objec- 
tion must  be  made  to  it,  or  that  if  proposed  in  a 
formal  manner,  the  vote  in  its  favor  must  be 
ooanimous. 

§  51.     Reading  Petition 

317.  When  a  petition  has  been  received,  the 

next  step  in  '  he  proceedings  is  the  reading  of  it 
by  the  clerk,  for  the  information  of  the  assembly; 
which,  though  in  the  usual  course  of  business, 
and  not  likely  to  be  objected  to,  after  the  petition 
has  been  received,  is  nevertheless  the  subject  of  a 
motion  and  question,  to  be  regularly  submitted  to 


162  PAHtl^IAMENTART  PRACTIOE. 

the  assembly  and  voted  upon  ;  and,  uniil  a  pcti 
tion  has  been  read,  no  order  can  properly  be 
made  respecting  it,  not  even  for  its  Ijing  on  the 
table. 

§  55.     Secondary  Motion. 

818.  An  exception  to  the  general  rule,  reqnir- 
ing  motions  to  be-  seconded,  occurs,  when  it  ii 
proposed  to  proceed  with,  or  to  execute,  or  to 
enforce,  an  order  of  the  assembly  ;  as,  for  ex- 
ample, when  it  is  moved  to  proceed  with  an  order 
of  the  day,  or  when  a  member  suggests  or  calls 
for  the  enforcement  of  some  order  relating  to  the 
observance  of  decorum,  or  the  regularity  of  pro- 
ceeding. Thus,  in  the  English  house  of  com- 
mons, a  single  member  may  require  the  enforce- 
ment of  the  standing  order  for  the  exclusion  of 
strangers ;  and,  so,  when  the  second  or  other 
reading  of  a  bill  is  made  the  order  for  a  particu- 
lar day,  a  motion,  on  that  day,  to  read  the  bill 
Recording  to  the  order,  need  not  be  seconded. 

§  56.     Before  Statement  op  Motion  from 
THE  Chair. 

319.  The  principle  stated  in  this  paragraph, 
must  not  be  understood  to  preclude  all  proceed- 
ing with,  or  allusion  to,  a  motion,  until  it  haa 
been  stated  from  the  chair.  On  the  contrary, 
after  a  motion  has  been  made,  or  made  and 
seconded,  but  not  yet  proposed  as  a  question,  it  is 
competent  for  the  mover  to  withdraw  or  modify 
it,  eithei  of  himself,  or  on  the  suggestion  of  some 


ADDITIONS,    ETC.  163 

Other  member,  or  of  the  presiding  officer,  and 
vrithout  any  motion  or  vote  for  the  purpose.  The 
rule  only  requires,  that,  uniil  a  motion  is  regu- 
larly seconded  and  stated,  it  should  not  be  spoken 
to  as  a  question  for  the  decision  of  the  assembly, 
or  be  made  the  subject  of  any  motion  or  proceed- 
ing as  such.  While,  therefore,  the  presiding 
officer  should  permit  members  to  make  remarks 
or  suggestions,  for  the  purposes  alluded  to,  with 
reference  to  motions  not  yet  stated,  he  should  be 
careful  to  check  and  prevent  all  observations 
which  may  tend  to  excite  debate ;  it  being  a 
general  rule,  that  no  debate  can  be  allowed  to 
take  place  on  any  subject,  unless  there  is  a  ques- 
tion pending  at  the  time. 

§  71.     Lie  on  the  Table. 

320.  When  any  motion  or  proposition,  report, 
resolution,  or  other  matter,  has  been  ordered  to 
lie  on  the  table,  it  is  not  in  strictness  allowable  to 
make  any  further  order,  with  reference  to  the 
same  subject,  on  the  same  day.  The  order  may, 
however,  be  limited  to  a  specific  time  ;  as,  for 
example,  until  some  other  topic  or  subject  is  dL*- 
posed  of. 

The  proper  motion,  for  proceeding  with  a  matter 
which  has  been  ordered  to  lie  on  the  table,  is, 
that  the  assembly  do  now  proceed  to  consider 
that  matter  or  subject.  The  motion  sometimes 
made,  is,  that  the  subject  be  taken  up,  or  taker 
op  for  consideration. 


164  PARLIAMENTARY   PRACTICE. 


§  75.     Authority  of  Committee. 

321.  The  authority  of  a  committee,  in  reference 
to  the  subject  matter  referred  to  its  consideration, 
as  well  as  to  the  time  and  manner  of  its  proceed- 
ing, depends  wholly  upon,  and  is  derived  from,  the 
order  by  which  the  committee  is  instituted.  It 
can  only  consider  the  matter  referred  to  it ;  and, 
consequently,  is  not  at  liberty,  like  the  assembly 
itself,  to  change  the  subject  under  consideration 
by  means  of  an  amendment.  This  rule  is  equally 
applicable  to  committees  of  the  whole. 


I  92,  93.    Modification  or  Amendment  op  a 
Motion  by  the  Mover. 

322.  Before  a  motion  has  been  stated,  the 
mover,  as  already  remarked  (note  to  §  56),  may 
modify  or  withdraw  it  at  his  pleasure ;  after  it 
has  been  stated,  he  can  only  withdraw  or  modify 
It  by  general  consent ;  he  may,  however,  4ike  any 
other  member,  move  to  amend.  The  acceptance 
by  the  mover,  of  an  amendment  moved  or  sug- 
gested by  some  other  member,  stands  upon  ilie 
lame  ground. 

1 112, 122.     Amendments  bt  Striking  Out. 

323.  When  the  parliamentary  form  of  putting 
the  question,  on  a  motion  to  strike  or  leave  out 
words,  is  adopted,  the  question  is  first  stated,  that 
the  words  proposed  to  be  struck  out  stand  as  par* 


ADDITIONS,    ETC.  16^ 

of  the  motion.  If  this  question  passes  in  the 
negative,  a  question  is  then  to  be  stated  on  in* 
«ertiiig  the  words  proposed,  which  may  be  amended 
like  any  other  motion  to  insert  or  add  words  If 
the  question  on  the  standing  of  the  words  passes 
in  the  afiirmative,  the  residue  of  the  motiou  tc 
strike  out  and  insert  falls  without  a  questioa 
According  to  the  parliamentary  form,  therefore,  a 
motion  to  strike  out  and  insert  is  necessarily 
divided.  The  remark  of  Mr.  Jefferson,  quoted 
in  the  note  to  §  122,  that  *' the  question,  if  de- 
sired, is  then  to  be  divided,"  &c.,  may  be  ex- 
plained by  supposing,  that  when  a  motion  was 
made  to  strike  out  and  insert,  which  was  not  ob- 
jected to,  the  question  was  proposed  in  the  terms 
of  the  motion ;  but,  that,  if  objected  to,  it  was 
then  to  be  put,  of  course,  in  the  parliamentary 
torm.  In  the  house  of  delegates  of  Virginia. 
of  which  Mr.  Jefferson  had  been  a  member,  the 
parliamentary  form  of  stating  the  question  was 
in  use. 

§  128  to  133.     Amendment  changing  the 
Nature  of  a  Question. 

824.  In  some  legislative  assemblies,  the  hou- 
of  representatives  of  Massachusetts,  for  exampi 
it  is  provided  by  a  special  rule,  that  no  motion  <  \ 
proposition,  relative  to  a  different  subject  fr©i. 
the  one  under  consideration,  shall  be  admittec 
nnder  color  of  an  amendment.  TVTien  a  rule  ol 
this  nature  is  in  force,  the  assembly,  by  p*x> 
ceeding  to  consider  a  given  subject,  places  it»el/ 


166  PARLIAMENTARY  PRACTICE. 

in  the  situation  of  a  committee,  to  whom  thi4 
iubject  is  referred. 

§  137.    Motion  to  Adjourjt. 

325.  The  reason,  why  a  motion  to  adjourn, 
moved  for  the  purpose  of  superseding  or  sup- 
pressing a  pending  question,  is  not  susceptible  of 
amendment,  is,  that  if  amended,  it  would  at  once 
become  inadmissible,  in  point  of  order,  on  the 
ground  of  its  being  introductoiy  to  a  second  ques- 
tion, having  no  privilege  to  take  the  place  of  a 
question  already  pending  and  entitled  to  be  first 
disposed  of. 

§  143.     Order  of  the  Day 
See  note  to  §  55. 

§  154.     Questions  of  Order. 

326.  In  the  British  parliament,  the  presiding 
officers  do  not  appear  to  consider  it  their  duty  to 
decide  points  of  order,  unless  appealed  to  by  the 
house  for  that  purpose  ;  which,  in  the  commons, 
Is  usually  effected  by  a  general  cry  of  chair  from 
the  members  ;  and,  it  is  extremely  rare,  that  an 
opinion,  given  in  answer  to  such  a  call,  is  not 
submitted  to  by  the  house.  If  not  satisfactory, 
the  point  of  order  may  be  separated  from  the 
main  question,  by  a  motion  and  question  for  the 
purpose,  on  which  the  presiding  officer's  decision 
may  be  overruled  ;  or,  without  any  distinct  ques- 
tion being  madfet,  the  house  may  proceed  to  pas* 


ADDITIONS,    LTC.  167 

opon  the  point  of  order,  as  involved  in  tLe  main 
question,  and,  in  deciding  the  hitter,  may  go  con- 
trary to  !he  opinion  of  the  presiding  officer,  upon 
the  matter  of  order.  In  the  legislative  assenibliea 
of  this  country,  it  is  generally,  if  not  universally, 
provided  by  a  special  rule,  that  every  question 
of  order  shall,  in  the  first  instance,  be  decided  by 
the  presiding  officer,  subject  to  an  appeal  to  the 
assembly  itself.  Such,  also,  appears  to  be  the 
usage  of  deliberative  assemblies,  not  legislative 
m  their  character.  And,  it  is  on  these  grounds 
of  rule  and  usage,  that  the  doctrine  laid  down  in 
this  paragraph  is  founded. 

The  statement,  that  questions  of  order  are  to 
be  decided,  in  the  first  instance,  by  the  presiding 
officer,  without  any  previous  debate  or  discussion 
by  the  assembly,  must  not  be  understood  to  mean, 
that  the  presiding  officer  is  precluded  from  allow- 
ing members  to  express  their  opinions  upon  the 
point  of  order,  before  himself  deciding  it;  but. 
merely,  that  the  matter  is  not  then  to  be  debated 
and  discussed,  as  a  question  to  be  decided  by  the 
assenibly.  The  presiding  officer,  before  express- 
ing his  oa/Ti  opinion,  may,  if  he  pleases,  take  the 
opinions  of  other  members.  It  is  manifest,  how- 
ever, that  when  he  is  ready  to  give  his  own 
opinion,  he  may  proceed  at  once,  and  cannot  be 
precluded  ^rom  doing  so  by  any  other  member 
claiming  ?  light  to  be  first  heard. 

§  163.     Withdrawal  of  a  Motion. 

327.  /»  motion,  when  made,  seconded,  and 
itated,  C£./  not  be  withdrawn  without  the  general 


168  PARLIAMENTARY    PBAGTICF- 

consent,  or,  if  put  formally  to  the  question,  thi 
nnaminous  vote  of  the  assembly. 

§  198.     See  note  to  §  36. 

I  200.  Interruption  of  a  Member  Speaking, 
BY  A  Call  to  Order. 

828.  The  rule  stated  in  this  paragraph,  that  a 
member  speaking  cannot  rightfully  be  interrupt- 
ed in  his  speech,  but  by  a  call  to  order,  does  not 
make  it  the  duty  of  the  presiding  officer  to  refuse 
to  hear  a  member,  who  rises  and  addresses  the 
chair  whilst  another  is  speaking  ;  for,  if  tliis  were 
the  case,  the  presiding  officer  could  very  rarely 
know  whether  there  might  not  be  occasion  for 
the  interruption ;  and  would  thus  be  in  danger  of 
keeping  the  assembly  in  ignorance  of  matters, 
which  it  might  be  of  the  highest  concern  for  them 
to  know.  When,  therefore,  a  member  rises  whilst 
another  is  speaking,  and  addresses  the  chair,  he 
should  inform  the  presiding  officer  that  he  rises 
to  a  point  of  order,  or  to  the  orders  of  the  assem- 
bly, or  to  a  matter  of  privilege.  It  wiD  then  be 
the  duty  of  the  presiding  officer  to  direct  the 
member  speaking  to  suspend  his  remarks,  or 
to  resume  his  seat,  and  the  member  rising  to 
proceed  with  the  statement  of  his  point  or  other 
matter  of  order,  or  of  privilege.  If  the  latter,  on 
proceeding,  discloses  matter  which  shows  that  the 
interruption  was  proper,  the  subject  so  introduced 
must  first  be  disposed  of;  and  then  the  membei 
who  was  interrupted,  is  to  be  directed  to  proceed 


ADDITIONS,    ETC.  16£ 

frith  his  speech.  If  it  appcvrs  that  there  wa»  uo 
fiufficient  ground  for  the  intMTuption,  tlie  member 
rising  is  to  be  directed  to  r^.'Fume  his  seat,  and  the 
member  interrupted  to  prc<;eed  with  his  speech. 
Every  member,  therefore,  possessing  the  right  to 
interrupt  another  in  his  speech,  on  a  proper  occa- 
Bion,  any  wanton  abuse  of  this  right,  for  the 
purpose  of  personal  annoyance,  is  liable  to  censure 
and  punishment ;  it  being  i^^elf  a  breach  of  order 
unnecessarily  and  wantonly  to  call  or  interrupt 
another  member  to  order. 

In  reference  to  the  occasions,  on  which  the  in- 
terruption of  a  member  speaking  is  allowed,  it  is 
to  be  observed,  that  they  are  not  restricted,  as 
the  language  of  §  200  might  seem  to  imply,  to 
breaches  of  order  in  debate,  on  the  part  of  the 
member  speaking.  Any  matter  of  privilege, 
affecting  the  assembly  itielf,  or  any  of  its  mem- 
bers, of  which  the  assembly  ought  to  have  instant 
information,  furnishes  such  an  occasion;  as,  for 
example,  where  access  to  the  place  of  sitting  of 
the  assembly  is  obstructed,  or  the  person  of  a 
member  is  attacked ;  or  where  something  connect- 
ed with  the  proceeding  of  the  assembly  requires 
mstant  attention,  as  where  it  becomes  necessary 
to  have  lights  ;  or  where  something  occurs  relative 
to  the  member  himself  who  is  speaking,  as  where 
he  is  annoyed  and  disturbed  by  noise  pnd  disorder, 
or  where,  in  consequence  of  his  strength  failing 
him,  it  becomes  necessary  that  he  ehouW  ^m»h 
his  speech  sitting. 


170  parliamentary  practice. 

§  207.      Precedence   in    Speaking    of  thh 
Presiding  Officer. 

329.  The  rule  stated  in  this  paragraph  do€8 
not,  of  course,  preclude,  the  presiding  officer  from 
interrupting  a  member  wliilst  speaking,  whenever 
a  proper  occasion  occurs  Ibr  such  an  interruption ; 
as,  for  example,  when  the  member  himself  ia 
guilty  of  a  breach  of  order. 

§  209.     Questions  not  Debatable. 

330.  In  the  legislative  assemblies  of  this  coun- 
try, it  is  usual  to  provide  by  a  special  rule,  that 
certain  questions  shall  be  decided  without  debate. 
Among  these,  the  most  common  is  the  motion  to 
adjourn.  In  the  absence,  however,  of  a  special 
rule,  restricting  the  right  of  debate  in  reference 
to  some  particular  subject,  every  question,  with 
the  exception  perhaps  of  those  which  require 
unanimity,  that  may  be  moved,  may  be  debated. 
In  both  houses  of  parliament,  important  debates 
have  frequently  taken  place  on  motions,  as,  for 
example,  to  adjourn,  which,  in  the  legislative  as- 
semblies of  this  country,  would  not  generally  be 
considered  debatable. 

§  213.    Several  Questions  involved  in  thr 
Same  Debate. 

831.  It  sometimes  happens,  that  a  question 
under  debate  becomes  enlarged  rather  than  nar- 
rowed, by  the  introduction  of  a  subsidiary  motion ; 
as,  for  example,  when  an  amendment  is  moved, 
which  involves  in  itself  the  merits  of  the  original 


ADDITIONS,    ETC.  171 

proposition,  in  which  case,  the  debate  may  em- 
brace both. 

§  216.      Speaking  but  Once   to   the   Same 
Question. 

81 2.  The  rule,  stated  in  this  and  the  preceding 
paragraphs,  refers  solely  to  the  question  techni- 
cally considered,  and  is  wholly  irrespective  of  the 
subject  matter.  No  member  can  speak  more 
than  once  to  the  same  question ;  but  he  may 
epeak  to  the  same  subject,  as  often  as  it  is  prO' 
sented  in  the  form  of  a  different  question. 

§  218. 

333.  The  expression  in  this  paragraph,  "tv> 
clear  a  matter  of  fact,"  denotes  merely  a  statement, 
by  a  member  who  has  already  spoken,  of  facta 
which  he  considers  it  important  for  the  assembly 
to  be  possessed  of,  before  coming  to  a  vote  upon 
the  question  pending. 

§  227.     Disorderly   Words. 

834.  ITie  offence  of  disorderly  words  may  be 
'sommitted,  not  only  by  language  used  in  the 
course  of  debate,  but  also  by  words  used  in  mak- 
ing a  motion,  or  report. 

§  235.     Statement  of  Motion. 

835.  Strictly  speaking,  no  question  can  arise 
in  a  deliberative  assembly,  without  a  motion  be- 
ing first  made  and  seconded ;  though,  sometimes, 
for  the  ilispatch  of  business,  the  presiding  office/ 


172  PARLIAMENTARY    PRACTICE. 

takes  it  for  granted  that  a  proper  and  usual 
motion  is  made  ( when  in  fact  it  is  not) ,  and  pro- 
poses a  question  accordingly. 

§  243.     Right  and   Duty   of   Presiding    Offi- 
cer AS  TO  Voting. 

336.  The  principle  asserted  in  this  paragraph, 
was  laid  down  on  the  authority  of  the  French 
translation  of  a  little  work  of  the  late  Sir  Samuel 
Romilly  (never  published  in  English),  on  parlia- 
mentary practice,  in  which  it  is  stated,  that  the 
speaker  of  the  house  of  commons  has  his  election 
to  vote  or  not,  when  the  house  is  equally  divided. 
It  appears  quite  certain,  however,  from  a  a  ex- 
amination of  the  published  debates  and  proceed- 
ings of  the  house  of  commons,  that  the  speaker 
has  no  such  election  ;  and,  consequently,  either 
that  the  author  was  himself  mistaken,  or,  which 
is  more  probable,  that  the  translator  mistook  his 
author.  Taking  the  practice  of  the  house  of 
commons  as  the  best  evidence  of  the  general  par- 
liamentary law,  —  and  this  seems  to  be  indisputa- 
ble, —  the  rule  laid  down  in  §  243  should  be 
modified  accordingly,  and  thus  stated,  namely: 

'*  If  the  mombevs  are  equally  divided,  it  then 
becomes  the  duty  of  the  presiding  officer  to  give 
the  casting  vote ;  in  doing  which,  he  may,  if  he 
pleases,  give  his  reasons." 

§  250  to  257.     Reconsideration. 

337.  Proceedings,  analagous  in  principle  to  the 
motion    for   reconsideration,    appear    occasionally, 


ADDITIONS,    ETC.  178 

thougli  very  rarely,  to  have  been  admitttd  in  the 
British  parliament ;  but,  it  is  believed,  the  motion 
to  reconsider,  as  in  use  in  this  country,  is  of 
American  origin.  The  motion  is,  in  form,  that 
such  a  vote  be  reconsidered ;  in  substance,  that 
the  subject  of  that  vote  be  again  considered,  upon 
the  original  motion,  as  if  that  motion  had  never 
been  considered  and  passed  upon.  On  the  motion 
to  reconsider,  the  whole  subject  is  as  much  open 
for  debate  as  if  it  had  not  been  discussed  at  all  ; 
and,  if  the  motion  prevail,  the  subject  is  again 
open  for  debate  on  the  original  motion,  in  the 
same  manner  as  if  that  motion  had  never  been 
put  to  the  question. 

§  276.  Quorum  of  Committee. 

338.  The  statement,  contained  in  this  para- 
graph, that  a  .majority  of  the  members  of  a  com- 
mittee is  sufficient  to  constitute  a  quorum  for 
proceeding  with  business,  unless  the  number 
should  be  otherwise  fixed  by  the  assembly  itself, 
was  made  upon  the  supposition,  that,  in  this 
country,  the  rule  had  been  so  settled  by  usage. 
It  should  also  have  been  stated,  at  the  same  time, 
as  the  parliamentary  rule,  that  the  presence  of 
every  member  is  essential,  and  that  of  a  majority 
is  not  sufficient,  to  constitute  a  committee.  In  all 
places,  therefore,  where  there  is  any  doubt  as  to 
the  existence  of  the  usage,  it  will  be  proper  that 
the  number  of  the  quorum  should  be  fixed  by  the 
assembly  itself,  either  by  a  general  rule,  or  by 
the  order  for  the  appointment  of  the  committee. 


174  PARLIAMENTARY  PRACTICE. 


Sect.  286.     Report  op  Committee. 

839.  In  this  and  the  succeeding  paragraphs, 
relating  to  the  report  of  a  committee,  no  notice 
is  taken  of  what  is  commonly  known  in  this  coun- 
try as  a  minority  report ;  in  reference  to  whichj 
it  being  now  a  proceeding  of  frequent  occurrence, 
though  not  strictly  parliamentary,  some  explana- 
tion seems  necessary  and  proper. 

The  report  of  a  committee  being  the  conclu- 
sion which  is  agreed  to  by  a  majority  of  the 
members,  the  dissenting  or  not-agreeing  mem- 
bers, according  to  strict  parliamentary  practice, 
would  have  no  other  mode  of  bringing  their  views 
before  the  assembly,  than  as  individual  members. 
Inasmuch,  however,  as  such  members  may  be 
supposed  to  have  given  the  subject  equal  con- 
sideration with  the  other  members  of  the  com- 
mittee, and  may,  therefore,  be  in  possession  of 
views  and  opinions  equally  worthy  of  the  atten- 
tion of  the  assembly,  the  practice  has  becoma 
general  in  the  legislative  assemblies  of  this  coun- 
try, to  allow  members  in  the  minority  to  present 
their  views  and  conclusions  in  the  parliamentary 
form  of  a  report,  which  is  accordingly  known  by 
the  somewhat  incongruous  appellation  of  a  mi- 
nority report.  Any  two  or  more  of  the  members 
may  unite  in  such  a  report,  or  each  one  of  them 
may  express  his  views  in  a  separate  document. 

A  minority  report  is  not  recognized  as  a  rej)ort 
of  the  committee,  or  acted  upon  as  such ;  it  is 
received  by  courtesy,  and  allowed  to  accompany 
the  report,  as  representing  the  opinions  of  the 


iL'^DITIONS,    ETC.  175 

minorify ;  and,  in  order  to  its  being  adopttJ  by 
the  assembly,  it  must  be  moved  as  an  amendment 
lo  the  report,  when  that  comes  to  be  considered- 

Sect.  297.     Chaib^ian  of  Coumittee  of  thr 
Whole. 

840.  The  naming  of  the  chairman  of  a  com- 
mittee of  the  whole,  by  the  presiding  oflBcer, 
which  is  supposed  to  be  the  usual  practice  in  the 
legislative  assemblies  of  this  courtry,  ordinarily 
takes  place  in  virtue  of  a  special  rule.  Where 
this  is  the  case,  the  member  so  named  becomes 
the  chairman  of  the  committee.  But,  where  there 
is  no  such  rule,  some  member  is  called  upon  by 
one  or  more  of  the  members  of  the  committee  to 
take  the  chair ;  and,  if  no  objection  is  made,  or 
no  other  member  called  to  the  chair,  the  member 
60  designated  becomes  the  chairman.  If  objec- 
tion is  made,  or  any  other  member  is  called  to 
the  chair,  the  chairman  must  be  regularly  chosen. 
But,  in  order  to  do  this,  the  presiding  officer 
should  resume  the  chair,  and  the  choice  be  mado 
by  the  assembly,  acting  as  such,  and  not  in  com- 
mittee.  The  statement  in  §  298,  that,  where  a 
chainnan  is  to  be  appointed  by  vote,  the  ques- 
tion is  to  be  put  by  some  member  in  the  com- 
mitttee,  though  laid  down  by  Mr.  Jefferson,  on 
the  authority  of  an  old  writer  on  parliamentary 
proceedings,  is  not  sanctioned  by  Hatsell,  or  borne 
out  by  the  modern  practice  in  the  British  parlia- 
ment, in  both  houses  of  which  the  practice  as 
above  stated  prevails. 
12 


INDEX. 


%•  Theji^yrtt  refer  to  tk€  nmmben  of  the  paragr^hs. 

Acceptance  by  the  maker  of  a  motion,  of  an  ameadmeni 
92,  93. 

Addition  of  propositions,  how  effected,  88. 

Adjovjbnment,  without  day,  equivalent  to  a  dissolution 
1.39.  . 
effect  of,  on  business  under  consideration,  140. 
motion  for,  takes  precedence  of  all  other  motions,  137 
when  it  mav  be  amended,  137. 
form  of,  138.  20O. 

Amendment,  purposes  of  morions  for,  60,  78. 
order  of  proceeding  in,  95,  191. 
acceptance  of  by  mover  of  proposition,  92,  33. 
of  amendment  by  striking  out  and  inserting,  107,  108 
of  an  amendment,  to  be  put  before  the  original  amend 

ment,  110. 
of  an  amendment  to  an  amendment,  not  allowed,  96. 
object  of  such  motion,  how  attained,  96,  97. 
cannot  be  made  to  what  has  been  agreed  to  on  a  ques 

tion,  98,  99,  100,  101. 
inconsistency  of,  wth  one  already  adopted,  102. 
may  show  the  absurdity  of  the  original  object  of  the 
proposition,  132. 

or  may  change  the  object,  128,  129,  133. 
or  may  defeat  the  object,  130,  131. 


178  INDEX. 

Ambwdment,  by  addition,  88. 
by  separation,  89. 
by  transposition,  90. 
by  striking  out,  94,  103  to  112. 
by  inserting  or  adding,  94,  113  to  12i 
by  striking  out  and  inserting,  94,  122  to  127. 
Motion  for ^  bv  striking  out  and  inserting     03.  1 34.  Ill 
122. 

may  be  divided,  1 22. 
may  be  amended,  126. 
manner  of  stating  question  on,  112,  121,  127 
precedence  of  (jucstion  on,  123. 
♦c  strike  out,  decided  in  the  negative,  equivalent  to  tbfi 
affirmative  of  agreeing,  98^  100,  2.52. 

if  passed,  may  not  be  renewed,  103  lu  lOfi. 
113  to  116,  119,  124,  12.'). 
Stands  in  the  same  degree  with  the  previous  question, 

and  indefinite  postponement,  1 84. 
saperseded  by  a  motion  to  postpone  to  a  day  certain, 

or  to  commit,  185. 
may  be  amended,  96,  107,  117,  126,  184. 
effect  of  vote  on,  94  to  127,  187. 
to  be  put  before  the  orginal  motion.  110,  120. 

Apoiooy,  42. 

Assembly,  DELiBERArrvEjpurposes  of,how  effected,  1. 

how  organized,  2,  3. 

judgment  of,  how  expressed,  13. 

Assembling,  time  of,  to  be  fixed  beforehand,  23. 
place  of,  in  possession  of  assembly,  9. 

Authentication  of  acts,  &c.,  of  a  deliberative  assem- 
bly, 27,  32. 

Blanks,  filling  of,  84. 

with  times  or  numbers,  rule  for,  86, 86,  87. 

See  Precedence. 

Chairman,  preliminary  election  of,  3. 
See  Fresiding  Officer. 

Clerk,  5. 

See  Recording  Gfficer. 


I 


INDEX.  l79 

3oinnTTEE8,  objects  and  advanta^s  of,  258  '^eo,  261. 

who  to  compose,  258,  270. 

usually  those  favoral^le  to  the  proposed  measure,  271. 

mode  of  appointment  of,  26.3.  267.  268,  269. 

when  bv  the  presiding  officer,  under  a  standing  ruU 

266'. 
how  notified  of  their  appointment,  32,  272. 
when  and  where  to  sit,  274,  27.5,  277. 
select,  259. 

how  appointed,  264  to  269. 
itanding,  2.59. 

what  to  be  referred  to,  74. 
instructions  to,  75,  76,  77,  262. 
list  of,  &c.,  given  by  the  clerk  to  the  member  first  ap 

pointed,  272. 
person  first  apj)oiiited  on,  acts  as  chairman  by  cont 

tesy.  273. 
proceed  like  other  assemblies,  276,  279 
may  proceed  by  sub-committees,  306. 
mode  of  proceeding  on  a  paper  which  has  been  referred 

to  them;  279,  281,  283. 
mode  of  proceeding  on  a  paper  originating  in  the  cora 

mittee,  279.  280,  282. 
manner  of  closin<r  session  of,  285. 
report  of,  how  made,  282,  283,  284,  286,  287,  292. 
form  of  report  of,  286,  292. 

mode  of  proceeding  on  report  of,  292, 293, 294, 295, 296 
acceptance  of  report  of,  295. 
form  of  stating  questions  on  report  of,  295,  296. 
See  Report. 

CJOMMTTTEE  OF  THE  Whole,  of  whom  composed,  259. 
how  constituted,  297. 
what  a  quorum  of,  299. 
who  presides  over,  297,  298. 
who  is  clerk  of,  301. 
proceedings  of,  similar  to  those  of  the  assembly  itael 

302,  309. 
mode  of  proceeding  if  one  session  does  not  compleV 

the  business,  3C4. 
who  may  speak  in,  and  how  often,  305. 
cannot  refer  anv  matter  to  another  committee  306 


180  N  D  E  X  . 

tA>MMiTTSB  OT  JUfc.  W>iuLE,  Cannot  punish  for  breachei 

of  ordsj-,  ^n 
disorderly  words  in,  hyvv  noticed,  308. 
differences  between  a.*!  other  committees,  302  to  308. 
presiding  officer  of  the  assembly  to  remain  in  the  roonv 

during  the  session  oi,  300. 
See  Repoi-ts,  Disorderly   Words. 

(x>ifMiTMENT,  definition  and  purposes  of,  73 
when  a  proper  course,  60- 
what  may  be  committed,  ;5,  76,  77. 
effect  of  a  vote  on  a  motion  for,  1 83. 
motion  for,  may  be  amended,  181. 

supersedes  a  motion  to  amend,  185. 
is  of  tne  same  degree  with  motions  for  the 
previous  question  and  postponement,  182 
See  Committees. 

Communications  to  the  assembly,  how  made,  44, 46, 48, 49 

Consent  of  the  assembly,  in  what  cases,  and  how  far,  to  be 
presumed  by  the  presiding  officer,  35,  237,  293. 

Contested  Elections,  7. 
See  Returns. 

Credentials  of  members,  7. 

Debate,  proper  character  of,  201. 

should  be  confined  to  the  question,  209. 
usual  mode  of  putting  an  end  to,  220,  221. 
shortening,  222. 
See  Speaking. 

Dkcobum,  Breaches  of,  37,  38,  39,  40,  41,  223,  224. 
how  to  be  noticed,  40. 
remedy  for,  224,  225,  226. 

how  ameraber  is  to  proceed  to  exculpate  himself  trom 
a  charge  of,  40. 
See  Disorderly  Words,  Order. 

l>i80RDEKLY  WoRDS,  coursc  of  proceeding,  when  spoken 
227  to  231. 
to  be  written  down  by  the  clerk,  as  spoken.  228,  229. 


INDEX  I 

Disorderly  Words,  members  not  to  be  c^sct^  f* 

unless  complained  of  at  tlie  time,  232. 
spoken  in  a  committee  durinf?  its  session,  27^ 

in  committee  of  the  whole  to  be  writter.  d  wa 
and  reported  to  the  assembly,  308. 

Disorderly  Conduct,  9,  37  to  40,  313 

Division  of  a  question,  79  to  83,  122,  123. 
effect  of.  80. 

motion  for.  how  made,  80 
right  to  demand.  81,  82. 
when  it  ma\  take  place,  83. 
See  Question. 

Elecitons  and  Returns,  6,  7,  8. 
Expulsion,  42. 

Floor,  how  to  obtain,  46. 

who  has  a  right  to,  47,  203,  204.  205. 

member  in  possession  of,  to  be  interrupted  only  bi  v 

call  to  order.  200. 
when  usually  allowed  to  the  mover  of  a  motion,  20^ 
when  one  relinquishes,  for  one  purpose,  he  does  so  A  * 

all  purposes,  205,  219. 

JN>R3is  of  proceeding,  10,  59,  315. 
See  Order,  Rules. 

Iscidental  Questions,  150  to  165 
questions  of  order,  151  to  154. 
reading  papers.  155  to  160. 
withdrawal  of  a  motion,  161,  162. 
suspension  of  a  rule,  1 63,  1 64, 
amendment  of  amendments,  165. 
See  Question. 

biTKODUCTioN  of  business,  how  accomplished.  4S. 

See  Rules. 

*OURNAL  of  a  deliberative  assembly,  what  and  how  kcp 
32,  33. 

/uDOMENi  of  an  aggregate  body,  how  evidenced,  14. 


182  INDEX. 

Lib  on  the  Table,  purpose  of  motion  for,  60,  71, 72. 
Motion  for,  cannot  be  amended,  170. 
when  to  be  resorted  to,  171. 
effect  of  vote  on,  71,  72,  172,  173 
takes    precedence    of  all    other   suDsitUai , 
motions,  171. 

List  of  members,  6. 

ftfUiN  Question,  63,  64,  135,  213. 

Majority,  <iecision  by,  on  questions  and  elections,  24. 

Members,  rights  and  duties  of,  36. 
punishments  of,  42. 
not  to  be  present  at  debates  on  matters  concerning 

t^iemselves,  41,  225,  230. 
proceedings  on  quarrels  between,  caution  relating  to, 

314. 

Membership,  rights  of,  how  decided,  8. 
'Modification  of  a  motion  by  the  mover,  92. 

tfOTiON,  definition  of,  45,  59,  233. 

to  be  in  writing,  54. 

to  be  seconded,  53  to  55. 

how  seconded,  55. 

when  in  order,  247. 

subsidiary,  need  not  be  in  writing,  54. 
but  must  be  seconded,  55. 

to  suppress  a  proposition,  62. 

to  be  stated  or  read  for  the  information  of  any  mem 
ber,  57. 

can  be  withdrawn  only  by  leave,  56,  92. 

when  before  the  assembly,  none  other  can  be  received 
except  pri\'ileged  motions,  58. 

is  not  before  the  assembly,  until  stated  by  its  presiding 
officer,  198. 

not  in  order  unless  the  maker  be  called  to  by  the  pie- 
siding  officer,  200. 

by  one  seated,  or  not  addressing  the  chair,  not  to  be 
received,  200. 

principal  and  subsidiary,  cannot  be  made  together,  199 


INDEX  183 

Naming  a  member,  what,  40,  225. 

NcTMBEBS  prefixed  to  paragraphs  of  a  propoaiiion,  not  ■ 

part  of  it,  91. 

Opficers  of  an  assembly,  titles  of,  5. 
who  are,  usually,  26. 
how  appointed,  and  removable,  26 
a  majority,  necessary  to  elect,  26. 
when  not  members  of  the  assembly,  5 
pro  tempore,  when  to  be  chosen,  29. 

See  Presiding  Officer^  Ruording  Officer. 

Ordeh  of  a  deliberative  assembly,  what,  13. 
of  business,  188  to  200. 

how  established,  190. 
questions  of,  what,  152. 

how  decided,  154.  248. 
form  of,  on  appeal,  154. 
no  debate  upon,  allowed  during  division,  248 
rules  of  to  be  enforced  without  delay,  151. 
call  to,  effect  of,  214. 

who  may  make,  151. 

intemipts  the  business  under  ccnsideralion 
1.53. 
See  Disorderly  Conduct,  Disorderly  Words. 

OxCDERS  OF  THE  Dat,  definition  of,  142. 

motion  for,  a  privileged  question  for  the  day,  143  to 

145,  146. 
motion  for,  generally,  supersedes  otlier  propositioaa 

143,  144. 
being  taken  up,  the  business  interrupted  thereby   u 

suspended,  147. 
fiall,  if  not  taken  up  on  the  day  fixed,  149. 
unless  by  special  rule,  149 

Organization,  necessity  for,  1 
usual  mode  of,  3. 
on  report  of  a  committee,  4. 

Papers  and  Documents,  in  whose  custody,  S3 
Pafiliajmentaby  Law  common,  what,  6,  10. 


184  INDEX 

Pabliamentary  Rules,  whence  derived,  11. 
in  each  state,  how  formed,  11. 
See  Rules. 

£*ETiTiON8,  requisites  to,  49. 

to  be  oifcred  by  members,  49,  50. 

mode  of  offering,  51. 

to  be  read  by  tlie  clerk,  if  received,  52. 

re<:ular  and  usual  action  on  presenting,  51,  52. 

contents  of  to  be  kno\vn  by  member  presenting,  50. 

to  be  in  respectful  language,  50. 

Postponement,  effect  of  vote  on  motion  for,  180. 
motion  for.  may  be  amended,  176. 
how  amended,  177,  178. 
supersedes  a  motion  to  amend,  185. 
is  n'»t  superseded  by  a  motion  to  commit  oi 

to  ameud,  179. 
b  of  the  same  degree  with  a  motion  for  tht 
previous  question,  179. 
indefinite,  purpose  of  motion  for,  60,  67. 

effect  of  vote  on  motion  for,  67. 
to  a  day  certain,  pui-pose  of  motion  for,  68,  69. 
an  improper  use  of,  70. 

Power  of  assembly  to  eject  strangers,  9. 

Preamble,  or  title,  usually  considered  after  the  paper  is 
gone  through  with,  192. 

Precedence  of  motions.  171,  174,  179,  182, 186,  197,  220. 
of  questions,  123,  134,  135,  153. 

as  to  reference  to  a  committee,  74. 
on  motions  to  fill  blanks,  85,  86,  87. 
questions  of  privilege  take  precedence  of  all  motioni 
but  for  adjom-nment,  141. 

President,  5. 

See  Presiding  Officer. 

PfiESiDiNa  Officer,  duties  of,  27,  30,  40,  225,  311  31  i 

to  be  first  heard  on  questions  of  order,  207. 

how  far  member  of  an  assembly,  5. 

oot  usually  to  take  part  in  debate,  5,  202. 

but  in  committees  of  the  whole,  307. 


INDEX  185 

Phbsiding  OiFiCER,  —  OF  on  point  of  order,  154. 
to  give  a  casting  vote,  5,  243. 
effect  of  not  giving  casting  vot«.  243. 
may  not  interrupt  one  speaking,  but  to  call  to  order,  '2(>7 
may  not  decide  upon  inconsistency  of  a  proposed 
amendment  with  one  already  adopted    i02. 

E*BKVious  Question,  motion  for^  purpose  of^  60. 
form  of,  64,  170. 
original  use  of,  63,  64,  65. 
present  use  of  65,  66,  220. 
use  of  in  England,  66. 
cannot  be  amended,  170. 
effect  of  vote  on.  64,  65,  175 
effect  of  negative  decision  of,  65. 
cannot  be  made  in  committee  of  the  whole,  303. 
stands  in  same  d  agree  with  other  subsidiary  motions 
except  to  lie  on  the  table,  174. 

Privileged  Questions,  136  to  149. 

adjournment,  137  to  140. 

questions  of  privilege,  141. 

orders  of  the  day,  142  to  149. 

take  precedence  of  all  motions  but  for  adjournment,14 1 

when  settled,  business  thereby  interrupted,  to  be  re 
sumed,  141. 
Proceedings,  how  set  in  motion,  43. 

Punishment  of  members,  41,  42. 

a  question  of,  pending,  the  member  to  withdraw,  230 

Quarrel  between  members,  38,  314. 
See  Disorderly  Words. 

liuESTiON,  definition  of,  233. 
forms  of,  in  use,  15,  60,  61 
when  to  be  put,  235. 
mode  of  putting,  236. 

on  a  series  of  propositions,  193. 

on  amendments  reported  by  a  committee,  194. 
mode  of  taking,  238,  240.  241,  242,  245. 
when  and  how  decision  of  may  be  questioned,  238,  239 
all  the  members  in  the  room  when  a  question  is  put 

are  bound  to  vote  ui)on  it,  244. 


86  INDEX 

QuB§TiON,  members  not  in  the  room,  cannot  yote  9xu  244, 
when  taken  by  yeas  and  nays,  245. 
mode  of  taking,  in  Massachusetts,  246. 
when  and  how  to  be  di\ided,  79. 
how  taken  when  divided,  80. 
motion  to  divide,  may  be  amended,  80. 
what  may  be  divided,  83. 
who  may  divide,  81,  122. 

usually  regulated  by  rule,  82. 
incidental,  defined  and  enumerated,  150  to  165. 
subsidiary,  or  secondary,  defined  and  enimierated,  16€ 

to  170. 
privileged,  defined  and  enumerated,  136. 

See  Incidental  Questions^  Privileged  Questions,  iSub 
sidiary  Questions. 

Quorum,  necessity  for,  17,  19. 
what  constitutes,  18. 

effect  of  want  of,  on  pending  question,  249. 
necessary  on  a  diA-ision  of  the  assembly,  249. 
want  of,  how  ascertained,  19. 
consequence  of  want  of,  19,  249. 

Reading  of  Papers,  by  the  clerk,  1 55. 

by  members,  not  allowed,  without  leave  obtained  bj 

motion  and  \ote,  157,  158. 
when  to  be  omitted,  159. 
when  necessary,  if  called  for,  155. 
question  on,  to  be  first  decided,  160. 

Reception,  question  of,  on  petition,  51. 

on  report,  286,  293. 

Recommitment,  what,  73,  290,  291. 

Beconsi DERATION,  general  principle  relating  to,  250  tc  35i 
motion  for,  allowed  in  this  country,  254,  255. 
effect  of,  256. 
usually  regulated  by  rule,  257. 

Sbcording  Officer,  duties  of,  31,  32,  33,  35. 
how  liis  absence  is  to  be  supplied,  34. 
how  elected,  3,  4. 

precedence  of,  if  more  than  one,  5. 
papers  and  documents  to  be  in  his  charge,  83. 


I 


INDEX.  187 

Bbodsb£NCe  of  Business,  when  interrupted  by  want  of 
quorum,  249. 
by  motion  for  the  previous  question.  66. 

for  indefinite  postponement,  67. 

to  lie  on  the  table,  71,  72. 

for  adjournment,  140. 

for  the  orders  of  the  day,  147,  148. 
by  a  question  of  privilege,  141. 

of  order,  153,230. 
by  a  call  of  a  member  to  order,  200,  214. 

«FOBTS  OP  Committees  how  made  and  received,  28f  k 
289. 
how  treated  and  disposed  of,  292  to  296 
of  a  paper  with  amendments,  288. 
action  upon,  194  19.5,  292  to  296. 
acceptance  of,  295,  296. 
when  a  new  draft  of  a  paper,  196. 
of  committees  of  the  whole,  310. 
when  to  be  received,  311 

»1eprimand,  42. 

See  Pwtmhment. 

Resolution,  what,  13,  233. 

Returns,  6. 

time  for  investigating,  7. 

mode  of  investigating,  7. 

who  to  be  on  the  investigating  committee,  8 

who  to  be  heard  on  a  question  on,  8. 

Roll,  calling  of,  32,  35,  245. 

Rui.ES  of  debate  and  proceeding,  subject  of,  14,  15. 
general  purjjose  of,  315. 

what  are  necessarily  adopted  by  an  assembly,  10,  20 
the  same  in  tliis  country  and  in  England,  II. 
usage  does  not  give  them  the  character  of  geneiA 

laws,  12. 
to  be  enforced  \vathout  delay  or  debate,  22,  151,  152 
■yho  may  notice  an  infringement  of,  22. 
fptcial,  each  assembly  may  adopt,  10,  20. 

supersede  ordinary  parliamentary  rules,  10. 

usually  provide  for  then*  own  amendment,  2] 


188  INDEX. 

Bulbs,  tpecioL  may  be  suspended  on  motion,  21    163,  164 
motion  to  suspend    supersedes  the  origin  a 

question,  163. 
suspended  only  by  general  consent,  21,  164. 
usually  proAndc  for  their  own  suspension,    6-1 
may  determine  the  number  necessary  to  eX' 
press  the  will  of  the  assembly,  25. 
See  Reading  of  Bipers,  Speaking. 

Sboondart  Questions,  166. 
See  Sitbsidini-y  Qiustioiu. 

Seconding  of  motions,  55,  309. 

Secretary,  5. 

See  Recording  Officer. 

Separation  of  propositions,  how  effected,  89. 

Bpeakinq,  rules  as  to  manner  of,  203  to  208. 
as  to  matter  in,  209  to  214. 
as  to  times  of,  215  to  219. 
member,  to  stand  uncovered,  203,  208. 
not  to  make  personal  remarks,  211. 
not  to  mention  names  of  members,  206. 
not  to  reflect  on  the  assembly,  or  on  its  prioi 

detenninations,  210. 
confined  to  the  subject,  209,  213. 
not  to  be  interrupted,  219.  [216. 

to  speak  but  once  on  the  same  question,  21 5. 

except  by  leave,  217. 
or  to  explain  liimself  in  a  matter-of-fact,  218. 
See  Debate^  Presidhig  Officer. 

3p*ecHj  reading  of,  by  member,  157. 

Subsidiary  Questions,  106  to  187. 
nature  and  effect  of,  166. 
enumeration  of,  167. 
cannot  be  applied  to  one  another,  168, 
exceptions  to  this  rule,  169. 
lie  on  the  ta])le,  171    172,  173. 
amendment,  184  to  187. 
previous  question,  174,  175 


INDEX.  » 89 

BcBSiDiAKT  Questions,  postponement,  176  to  180. 
commitment,  181,  182,  183. 

Suspension  of  a  rule,  21,  163,  164 
See  Rules. 

Tkansposition  of  propositions,  how  effected,  90. 

Vice-President,  duties  of,  5,  28. 
See  Officers. 

Vote,  what,  13,  233. 

VoTiNO,  right  and  duty  of,  41,  244. 
prohibition  from,  42. 
See  Members. 

Will  of  an  assembly,  majority  necessary  to  express,  24. 

special  rule  may  determine  what  propoition 
may  express,  25. 

Withdrawal  of  a  motion,  ca,n  be  only  by  leave,  161, 
effect  of  vote  upon  motion  for  leave  for,  162. 

Teas  and  Nays,  how  taken,  32,  245. 
in  Massachusetts,  246. 
wnat  number  of  members  may  require,  25. 
form  of  patting  questioii,  245 


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